C alifornia T enanTs

2004 updated and reprinted.gov. and should also read the relevant statutes and court decisions when relying on cited material. (2) credit is given to the department of Consumer Affairs. 2001 Reprinted. 2010
California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities was written by the department of Consumer Affairs’ legal Affairs division and was produced by the department’s office of publications. 2008 updated and reprinted. 2002 updated and reprinted.dca. 1998 Reprinted. design & editing. the California department of Fair employment and housing contributed to the text on unlawful discrimination in housing. this booklet may be copied. the 1998 printing of this booklet was funded by a grant from the California Consumer protection Foundation. see the department of Consumer Affairs’ home page at www.
Notice
the opinions expressed in this booklet are those of the authors and should not be construed as representing the opinions or policy of any official or agency of the state of California.department of Consumer Affairs.
orderiNg iNformatioN
this publication is available on the internet. 2000 updated and reprinted. While this publication is designed to provide accurate and current information about the law. 2003 updated. readers should consult an attorney or other expert for advice in particular cases. see page 111. 2007 Reprinted. For information on ordering copies of this booklet.
.ca. if (1) the meaning of copied text is not changed or misrepresented. and (3) all copies are distributed free of charge. 2006 updated and reprinted.

if you need additional assistance. and eviction notices.dear Reader: For most of us. We’ve provided information about rental applications. where we live is the most significant consumer decision we make. our home is where we spend much of our time. termination of leases. repair responsibilities. unlawful discrimination. California Department of Consumer Affairs
.dca. we’ve also provided a comprehensive list of resources in communities throughout the Golden state. We hope you find “California tenants” helpful. and we want it to be hassle free! Move-in day marks the beginning of an important relationship between a tenant and a landlord. You can get more information by visiting the department’s Web site at www. to help tenants and landlords manage their rental-housing responsibilities.gov or by calling (800) 952-5210. we’re pleased to provide the department of Consumer Affairs’ practical “California tenants” guide. and our housing costs are the biggest part of our budget. the “California tenants” booklet is a practical resource for both tenants and landlords. rent increases. We’ve included an inventory checklist for use before moving in. security deposits.ca. and again when moving out.

a house. the tenant and landlord should try to resolve the problem by open communication and discussion. this booklet focuses on California laws that govern the landlord-tenant relationship. if the parties cannot reach a solution on their own.
How to use tHIs Booklet
You can probably find the information you need by using this booklet’s table of Contents.
if the problem is one for which the landlord is responsible (see pages 37–40). an apartment. tenants and landlords should discuss their expectations and responsibilities before they enter into a rental agreement.
taBLe of coNteNtS
the table of Contents (pages v–vii) shows that the booklet is divided into nine main sections. honest discussion of the problem may show each party that he or she is not completely in the right. 64–65. Although the booklet is written from the tenant’s point of view. Whether the tenant is renting a room.C alifornia T enanTs
A Guide to ResidentiAl tenAnts’ And lAndloRds’ RiGhts And Responsibilities
IntroductIon
What should a tenant do if his or her apartment needs repairs? Can a landlord force a tenant to move? how many days notice does a tenant have to give a landlord before the tenant moves? Can a landlord raise a tenant’s rent? California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities answers these questions and many others. For example. if the problem is one for which the tenant is responsible (see pages 37–40). if a problem occurs. in some situations. 72–78). or a duplex. the landlord may be willing to correct the problem or work out a solution without further action by the tenant. if you want information about the rental agreement. the tenant may agree to correct the problem once the tenant understands the landlord’s concerns. the landlordtenant relationship is governed by federal. index. they may be able to resolve the problem through mediation or arbitration (see page 82). and that a fair compromise is in order. each main section is divided into smaller sections. and Glossary of terms.
1
. landlords can also benefit from its information. a court action may provide the only solution (see pages 46–48. the department of Consumer Affairs hopes that tenants and landlords will use this booklet’s information to avoid problems in the first place. state. and suggests things that both the landlord and tenant can do to make the relationship a good one. look under “Rental Agreements and leases” in the “beFoRe You AGRee to Rent” section. and local laws. and to resolve those problems that do occur.

because the tenant uses the rental unit to live in. 2005.
2
. address and telephone number of the manager and an owner of the building (or other person who is authorized to receive legal notices for the owner) must be written in the rental agreement or lease.3 (Cal. for the tenant to live in. See additional discussion in Moskovitz et al.. Bar 2002. if you can’t find what you’re looking for. See Moskovitz et al. if you don’t find a topic there. a tenant can work directly with the agent or manager to resolve problems. a landlord will have a rental agent or a property manager who manages the rental property. house. Section 1.. 1962.1
gLoSSarY
if you just want to know the meaning of a term. the landlord rents or leases the rental unit to another person.2 situations in which lodgers and residents of hotels and motels do and do not have the rights of tenants.iNdeX
Most of the topics are mentioned in the table of Contents.21A (Cal. California Landlord-Tenant Practice. called a tenant. in most instances. the glossary gives the meaning of more than 60 terms. it’s more specific than the table of Contents. look in the index (page 104). and other special situations. 2009).” etc. the tenant obtains the right to the exclusive use and possession of the rental unit during the lease or rental period.5. or room that a landlord rents to a tenant to live in.
SPeciaL SitUatioNS
the tenant rights and responsibilities discussed in this booklet apply only to people whom the law defines as tenants. you’ll find the topics “deposits or fees. are discussed in the “special situations” sidebar on pages 3–4. condominium. the department of Consumer Affairs hopes that you will find the information you’re looking for in this booklet. 49–50). duplex. under California law. When a tenant needs to give the landlord one of the tenant notices described in this booklet (for example. Cont.
A rental unit is an apartment. each of these terms also is printed in boldface type the first time that it appears in each section of the booklet. it is called a residential rental unit. or posted conspicuously in the rental unit or building.” “tenant’s responsibility. the name. 1962. Cont. Ed. the tenant can give the notice to the landlord’s rental agent or property manager. sometimes. Bar 2009). Section 1. Civil Code Section 1940(a).
wHo Is a landlord and wHo Is a tenant?
geNeraL iNformatioN aBoUt LaNdLordS aNd teNaNtS
A landlord is a person or a company that owns a rental unit. look in the Glossary (page 84). under “Cleaning” in the index. such as eviction or holding deposit.3
Continued on page 5
1 2 3
Civil Code Sections 1961. call or write one of the resources listed in “Getting help From a third party” (see pages 81–82) or “tenant information and Assistance Resources” (see page 91). lodgers and residents of hotels and motels have the same rights as tenants. the tenant can deal with the rental agent or property manager as if this person were the landlord. Ed. For example. California Landlord-Tenant Practice. For example. see pages 45–46. the term rental unit means any one of these. often. Generally. in this booklet. the landlord is called the owner. the agent or manager is employed by the landlord and represents the landlord. and the tenant is called a resident.

2:40. motel.a central telephone service. See California Practice Guide. Califorrnia Practice Guide. Civil Code Section 1944. you are a guest. and room service.2 (Rutter Group 2009).maid.
residential hotels
You have the legal rights of a tenant if you are a resident in a residential hotel. You live in a hotel. but have not paid for all room and related charges owing by the 30th day.1. rented or occupied for sleeping purposes by guests.
3
. Health and Safety Code Section 50519(b)(1). motel.3. You live in a hotel.4 For example.a fireproof safe for residents’ use. Paragraphs 2:39. 7
Special Situations continued on page 4
4 5 6 7
Civil Code Section 1940.Special Situations
Hotels and motels
if you are a resident in a hotel or motel. a locking mail receptacle must be provided for each residential unit. therefore. if you live in a unit described by either 1. the proprietor of a hotel can lock out a guest who doesn’t pay his or her room charges on time. which is in fact your primary residence. 3. .5 Residential hotel means any building which contains six or more guest rooms or efficiency units which are designed. .6 in residential hotels. or other lodging facility for more than 30 days. Health and Safety Code Section 50519(b)(1). and your occupancy is subject to the state’s hotel occupancy tax.2 (Rutter Group 2009). and all of the following is true: • The hotel or motel allows occupancy for periods of fewer than seven days. mail. while a landlord would have to begin formal eviction proceedings to evict a nonpaying tenant. residence club.1. Landlord-Tenant. you do not have the rights of a tenant in any of the following situations: 1. 7:6. Landlord-Tenant.food service provided by a food establishment that is on or next to the hotel or motel grounds and that is operated in conjunction with the hotel or motel. Paragraph 3:21(a) (Rutter Group 2009). See California Practice Guide. or other lodging facility for 30 days or less. 2. used. and . • All of the following services are provided for all residents: . residence club. and which is the primary residence of these guests. You live in a hotel or motel to which the manager has a right of access and control. you are not a tenant. Health and Safety Code Sections 17958. Landlord-Tenant. Paragraphs 2:39.1(i). you don’t have the same rights as a tenant. 2:40. 7:6. 2 or 3 above.

the same is true for a person who leases both a mobilehome and the site for the mobilehome from the mobilehome park management. Civil Code Section 1940(a).
4
. however.14 and not the rules discussed in this booklet. the owner can give the lodger written notice that the lodger cannot continue to use the room. a person who leases a mobilehome from its owner (who has leased the site for the mobilehome directly from the management of the mobilehome park) is subject to the eviction procedures described in this booklet. Civil Code Sections 799. special rules cover the behavior of residents in. Bar 2009).8 A person who violates this law may be punished by a $500 civil penalty and may be required to pay the guest’s attorney fees. Ed. Civil Code Section 1946.11
transitional housing
some tenants are residents of “transitional housing.62-6. Sections 6. Health and Safety Code Sections 50580-50591.
9 10 11 12 13 14 15
Civil Code Section 1946.5. in the case of a single lodger in a house where there are no other lodgers. Paragraphs 11:27-11:28 (Rutter Group 2009). specifically.10 however. Civil Code Sections 798-799. Landlord-Tenant. the lodger has no further right to remain in the owner’s house and may be removed as a trespasser.) When the owner has given the lodger proper notice and the time has expired. normal eviction procedures (see pages 67–80) must be used to evict certain mobilehome residents. cover most landlord-tenant relationships in mobilehome parks and recreational vehicle parks.) This presumption affects the burden of producing evidence.Special Situations continued from page 3
it is unlawful for the proprietor of a residential hotel to require a guest to move or to check out and re-register before the guest has lived there for 30 days.89 (Cal.3. if the proprietor’s purpose is to have the guest maintain transient occupancy status (and therefore not gain the legal rights of a tenant).5.20-799. See Moskovitz et al.15
8
Civil Code Section 1940. and not the eviction provisions in the Mobilehome Residency law. Evidence that an occupant was required to check out and re-register creates a rebuttable presumption that the proprietor’s purpose was to have the occupant maintain transient occupancy status. California Landlord-Tenant Practice.” page 50. the amount of notice must be the same as the number of days between rent payments (for example.79.” transitional housing provides housing to formerly homeless persons for periods of 30 days to 24 months.. the owner can evict the lodger without using formal eviction proceedings.12
mobilehome parks and recreational vehicle parks
special rules in the Mobilehome Residency law13 or the Recreational Vehicle park occupancy law.1.1(a). and eviction of residents from. (see “landlord’s notice to end a periodic tenancy. the owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants. Penal Code Section 602.
Single lodger in a private residence
A lodger is a person who lives in a room in a house where the owner lives. California Practice Guide. (Civil Code Section 1940. transitional housing. Cont. 30 days).10.

You can also look for “For Rent” signs in the neighborhoods where you would like to live. • inadequate ventilation or offensive odors.lookIng For a rental unIt
LooKiNg for aNd iNSPectiNg reNtaL UNitS Looking for a rental unit
When you are looking for a rental unit.
• Whether you want a month-to-month rental • Access to schools. • damaged flooring. Many internet Web sites list rental properties.
• the dollar limit that you can afford for all • the location that you want. carefully inspect the rental unit with the landlord or the landlord’s agent. • defects in electrical wiring and fixtures.
inspecting before you rent
before you decide to rent. a duplex. there are free weekly or monthly publications devoted to rental listings. child-care facilities. or ceiling. its safety and appearance). • inadequate trash and garbage receptacles.
5
.” page 5). • signs of insects. When you inspect the rental unit. bulletin boards in public buildings. “protect Your Family From lead in Your home.
in addition. walls. local real estate offices and property management companies often have rental listings.
example. and other necessities and conveniences.epa.” which is available by calling (800)-424-leAd or online at www. the most important things to think about are:
colleges. agreement or a lease (see pages 15–17).
• other special requirements that you or your
You can obtain information on places to rent from many sources. and churches often have notices about places for rent. if the building was built before 1978. which can cause lead poisoning if children eat them. Make sure that the unit has been maintained well. or a single-family house). • leaks in bathroom or kitchen fixtures.gov/ lead/pubs/leadpdfe.
• signs of rust in water from the taps. use the inventory checklist (pages 107-110) as an inspection guide. • Chipping paint in older buildings.
deposits that may be required (for example. an apartment complex. • Accumulated dirt and debris. family members may have (for example. wheelchair access). you also should carefully consider the following:
• Cracks or holes in the floor. walls. or rodents. you should read the booklet. local newspapers carry classified advertisements on available rental units. • lack of hot water. • inadequate lighting or insufficient electrical
outlets.
• the kind of rental unit that you want (for
• the presence of mold that might affect your or
your family’s health and safety. in many areas. public
transportation.
• the character and quality of the neighborhood • the condition of the rental unit (see
“inspecting before you rent. (for example.pdf). vermin. local
• inadequate heating or air conditioning. and the features that you want (such as the number of bedrooms and bathrooms). (paint chips
sometimes contain lead. medical facilities. stores. look for the following problems:
• the dollar limit that you can afford for monthly
rent and utilities. holding and security deposits). • signs of leaking water or water damage in the
floor. • damaged furnishings (if it’s a furnished unit). or ceiling.

if you are concerned about safety. find out when the landlord intends to make the repairs. the rental application is like a job or credit application. Also. this will help you be certain that you can afford the total amount of the rent and utilities each month. With increasing energy costs.• signs of asbestos-containing materials in
older buildings. go to www. You will probably be responsible for some. and whether the rent is reasonable. it’s important to consider whether the rental unit and its appliances are energy efficient.
tHe reNtaL aPPLicatioN
before renting to you.gov/asbestos. and telephone
numbers of your current and past employers. and can help avoid disagreement later about your responsibility for the problems. nonetheless. if the rental unit is a house or duplex with a yard. At the same time. toxic
if you find problems like the ones listed above. take photographs or a video of the problems.
Also. and telephone
6
Continued on page 8
. how you get along will help both of you decide whether you will become a tenant. addresses.
• the names. or other hazardous waste products in the rental unit or on the property. if you agree to rent the unit. such as hallways and courtyards. of them. written description and photographs or video will document that the problems were there when you moved in. it’s a good idea to ask the landlord to sign and date the written description. ask neighbors and tenants if there have been any problems. during this initial walk-through of the rental unit. A rental application is different from a rental agreement (see pages 15–17). look at the exterior of the building and any common areas. does the building appear to be wellmaintained? Are the common areas clean and well-kept? the quality of rental units can vary greatly. if your camera has this feature. electric. or on any.epa. including the date by which the repairs will be completed. and trash collection). you will have the chance to see how your potential landlord reacts to your concerns about it. chemicals. discuss them with the landlord. (Asbestos particles can cause serious health problems if they are inhaled. and possibly all. ask whether the landlord will supply necessary equipment.
• Any sign of hazardous substances. it’s a good idea to get these promises in writing. if the problems are ones that the law requires the landlord to repair (see pages 37–40). addresses. ask some of the tenants how they get along with the landlord and the other tenants. it’s a good idea to walk or drive around the neighborhood during the day and again in the evening. or crumbling pipe wrap or insulation. if the landlord isn’t required by law to make the repairs. you should still write down a description of any problems if you are going to rent the property. and whether they think that the area is safe. A rental application usually asks for the following information:
• the names. You should understand the unit’s good points and shortcomings. water. most landlords will ask you to fill out a written rental application form.) For more information. Finally. the landlord will learn how you handle potential problems. such as a lawn mower and a hose. if the rental unit is in an apartment complex. numbers of your current and past landlords. try to find out how much the previous tenant paid for utilities. such as flaking ceiling tiles. and consider them all when deciding whether to rent. ask the landlord who will be responsible for taking care of the yard. use the time and date stamp. Ask the landlord who will be responsible for paying for utilities (gas. Your signed. the landlord will use it to decide whether to rent to you. if you will be. You may not be able to reach agreement on every point. Ask neighbors how they like living in the area.

For example. You can deliver your request for a refund personally or by mail (preferably by certified or registered mail with return receipt requested). the contract also must include a description of the kind of rental unit that you want to find. you can fill out and swear to a form that the prepaid rental listing service will give you for this purpose. ask if the service is licensed and whether the list of rentals is current. Business and Professions Code Section 10167. these businesses are regulated by the California department of Real estate (dRe) and must be licensed. you must demand a full refund from the prepaid rental listing service within 15 days of signing the contract.10. if you use a prepaid rental listing service. You can receive a refund of the fee that you paid for the list of available rentals if the list does not contain three available rental units of the kind that you described in the contract.ca. or that you did not find your new rental using the services of the prepaid rental listing service. the contract must state the number of bedrooms that you want and the highest rent that you will pay.dre.) if you don’t find a rental unit from the list you bought. before you enter into a contract with a prepaid rental listing service or pay for information about available rental units. You must provide documentation that you did not move. the service must make the refund within 10 days after it receives your request. the contract cannot be for more than 90 days. or if you rent from another source. the law requires the service to give you a list of at least three currently available rentals within five days after you sign the contract. look in the contract for the address.16 You may check the status of a license issued to a prepaid rental service on the dRe Web site (www. (however.
7
.17 the contract must describe the services that the prepaid rental listing service will provide you.
16 17 18
Business and Professions Code Section 10167. it must enter into a contract with you before it accepts any money from you.9(a). if you don’t have documentation. Your demand for a refund must be in writing and must be personally delivered to the prepaid rental listing service or sent to it by certified or registered mail.Prepaid rental Listing Services
businesses known as prepaid rental listing services sell lists of available rental units.18 in order to obtain a refund. you can’t get a refund if you found a rental using the services of the prepaid rental listing service. the service must refund the balance. Business and Professions Code Section 10167. the prepaid rental listing service can keep only $50 of the fee that you paid.gov) to ensure that the service is licensed. but you must request the refund within 10 days after the end of the contract.

the landlord may ask for proof of your disability if you ask for a “reasonable accommodation” for your disability. Health and Safety Code Section 17958. addresses.21 Further. I: Rights & Responsibilities. See 1997 Uniform Housing Code Section 503(b) (every residential rental unit must have at least one room that is at least 120 square feet. the landlord may
not ask you questions in writing or orally about your race.25 and the basic legal standard is set out in footnote 25.1-12955. Warner and Portman. • Your driver’s license number. religion. sexual orientation. and any room used for sleeping must increase the minimum floor area by 50 square feet for each occupant in excess of two). and telephone • Your social security number. 12989-12989. 42 United States Code Section 3601 and following. other rooms used for living must be at least 70 square feet.) the landlord may ask you about the number of people who will be living in the rental unit.25 (CEB 2009). Government Code Section 12955(b).
25
Health and Safety Code Section 17922.22 Although the landlord may not discriminate on the basis of source of income. Vol. However. Government Code Sections 12955(b).20 With the exception of source of income. familial status. California has adopted the uniform housing Code’s occupancy requirements.
the application also may contain an authorization for the landlord to obtain a copy of your credit report. or whether you have persons under the age of 18 living in your household.. I: Rights & Responsibilities. after you and the landlord have agreed that you will rent the unit. sexual orientation. Warner and Portman. sex. (Brown. the landlord may ask you what kind of job you have. the landlord may not ask about your immigration or citizenship status. source of income. national origin. however. any disability.” pages 11–15. This reference suggests that a landlord’s policy that is more restrictive than two occupants per bedroom plus one additional occupant is suspect as being discriminatory. it is illegal for the landlord to discriminate or harass you because of race. such as installing special faucets or door handles. The California Landlord’s Law Book. or any disability19 or whether you have persons under the age of 18 living in your household. and other information that shows your ability to pay the rent. The California Landlords’ Law Book. Vol. • Your bank account numbers.1 (Rutter Group 2009). the landlord should not ask you questions about your age or medical condition.
8
. Paragraph 2:569. sex. (See chapter 9 of this reference for a comprehensive discussion of discrimination).24 (see “unlawful discrimination.23 Also. Moskovitz et al. Civil Code Section 1940. marital status. your monthly income. See California Practice Guide. color.26
19 20 21 22 23 24
Civil Code Section 51. but the landlord cannot use overcrowding as a pretext for refusing to rent to tenants with children if the landlord would rent to the same number of adults. the practical rule is this: A landlord can establish reasonable standards for the number of people per square feet in a rental unit. ancestry.• the names. Landlord Tenant.)
26
Brown.
numbers of people whom you want to use as references.1. 12955. Government Code Sections 12900-12996.22-2. religion. in order to prevent overcrowding of rental units. color.9.. Government Code Section 12955(p)(2).3.3(b). which will show the landlord how you have handled your financial obligations in the past. 42 United States Code Sections 3601-3631. ancestry. Civil Code Sections 51-53. national origin. familial status. California Landlord Tenant Practice Sections 2. pages 166-167 (NOLO Press 2009). the landlord is allowed to ask you about your level of income and your source of income. • Your credit account numbers for credit
reference. Different rules apply in the case of “efficiency units.” (See 1997 Uniform Housing Code Section 503(b). pages 161-163 (NOLO Press 2009)). marital status.

Warner and Portman.36 and Section 1785.28 the landlord may use this information to make a final decision on whether to rent to you. Generally.4th 227 [118 Cal.5. California Practice Guide. 15 United States Code Sections 1681-1681x and 1681m(a). you can provide a copy of the canceled check to show the landlord that you did pay it. Landlord-Tenant.40. landlords and other creditors use credit scores to gauge how likely a person is to meet his or her financial obligations. if you know what your credit report says. I: Rights & Responsibilities.
30
Civil Code Sections 1785. it’s a good idea to get a free copy of your credit report and to correct any erroneous items of information in it.16. Paragraphs 9:419. 15 United States Code Section 1681i.20(a). 1786.27 some credit reporting agencies. this information may include whether tenants paid their rent on time. Your credit score is a numerical score that is based on information from a credit reporting agency.50-2:104. pages 16-20 (NOLO Press 2009). and
• the name.60 and Section 1786. if the decision is based partly or entirely on negative information from a credit reporting agency or a tenant screening service. such as paying rent.” Credit reports state whether a person has been reported as being late in paying bills. Schoendorf v. called tenant screening services. collect and sell information on tenants. or has filed bankruptcy. (2002) 97 Cal.Rptr. Vol. the landlord may obtain your credit report from a credit reporting agency to help him or her decide whether to rent to you. Landlord-Tenant. the landlord probably will consider your credit score in deciding whether to rent to you.gov/bcp/edu/pubs/business/credit/bus49.24.11 (Rutter Group 2009). The California Landlord’s Law Book. Paragraphs 2:104.” which can be found online at www. you must request it within 60 days after receiving the notice of denial. Credit reporting agencies (or “credit bureaus”) keep records of people’s credit histories.App. address.55 (Rutter Group 2009).shtm.2d 313]. Landlords’ responsibilities when using credit reports are outlined in a publication by the Federal Trade Commission titled “Using Consumer Reports: What Landlords Need to Know. called “credit reports. and telephone number of • A statement that you have the right to obtain
a free copy of the credit report from the credit reporting agency that prepared it and to dispute the accuracy or completeness of information in the credit report. In order to receive a free copy of your credit report. You can
27 28 29
Brown. whether they were the subject of an unlawful detainer lawsuit.ftc. and whether landlords considered them good or bad tenants.credit cHecKS
the landlord or the landlord’s agent will probably use your rental application to check your credit history and past landlord-tenant relations. Inc.
9
. 9:419. you may be able to explain any problems when you fill out the rental application. if you know that your credit report says that you never paid a bill. Unlawful Detainer Registry.29
if the landlord refuses to rent to you based on your credit report. Investigative Consumer Reporting Agencies Act. A landlord usually doesn’t have to give you a reason for refusing to rent to you.30 erroneous items of information in your credit report may cause other landlords to refuse to rent to you also. Consumer Credit Reporting Agencies Act. Civil Code Sections 1786-1786. For example. the law requires the landlord to give you a written notice stating all of the following:
• the decision was based partly or entirely on
information in the credit report. whether they damaged previous rental units. and the credit reporting agency. Civil Code Sections 1785. landlords prefer to rent to people who have a history of paying their rent and other bills on time. however. See discussion in California Practice Guide. Also.1-1785. has been the subject of an unlawful detainer lawsuit (see pages 72-78).

A holding deposit is a deposit to hold the rental unit for a stated period of time until the tenant pays the first month’s rent and any security deposit.myfico. in 2009. www. and may use the fee to cover the cost of obtaining information about you. the landlord must give you a receipt that itemizes his or her out-of-pocket expenses in obtaining and processing the information about you.06. if the tenant changes his or her mind about moving in.31
• how long will it take the landlord to get a copy
aPPLicatioN ScreeNiNg fee
When you submit a rental application. (Issue Insights. in this situation.Experian. such as checking your personal references and obtaining a credit report on you. in 2009. January 2009). the landlord may keep at least some of the holding deposit. and.
31 32 33 34
Civil Code Sections 1785.TransUnion.06. Civil Code Section 1950. you may want to look for another rental unit. the landlord may ask the tenant for a holding deposit. 1785. but the tenant cannot move in immediately. Civil Code Section 1950. Vendors include www. however. the tenant and the landlord will agree that the tenant will rent the unit. com. if you decide to pay the application screening fee. if the landlord does not check your references).com. the landlord must return any unused portion of the fee (for example. or purchase your score from a vendor.6(c). the landlord agrees not to rent the unit to anyone else. the landlord must give you a copy of the report if you request it. and www.15. the landlord may charge you an application screening fee. can never be more than $42.” it’s a good idea to get a copy of your credit report from the landlord so that you know what’s being reported about you. before you pay the application screening fee. the landlord may charge up to $42. will the landlord accept it and either reduce the fee or not charge it at all?
if you don’t like the landlord’s policy on application screening fees.33 if the landlord obtains your credit report. 15 United States Code Section 1681g(f).15.com. The maximum fee is adjusted each year based on changes in the Consumer Price Index since January 1. any agreement regarding a refund should be in writing. during this period. the landlord can charge an application screening fee under these circumstances if you agree to it in writing.
HoLdiNg dePoSit
sometimes.15(a)(2). the maximum allowable fee is $42. California Apartment Association. Applying the deposit to the first month’s rent is a common practice.com. Civil Code Section 1950.
10
. 1785.34 As explained in the section on “Credit Checks.6. In 2009.Equifax.6(f). ask the landlord the following questions about it:
of your credit report? how long will it take the landlord to review the credit report and decide whether to rent to you? too long and you’re forced to rent another place?
• is the fee refundable if the credit check takes • if you already have a current copy of your
credit report.2. the landlord can’t charge you an application screening fee when the landlord knows or should know that there is no vacancy or that there will be no vacancy within a reasonable time. ask the landlord for a deposit receipt stating this.06.1.
Ask the following questions before you pay a holding deposit:
• Will the deposit be applied to the first month’s
rent? if so.32 the application fee cannot legally be more than the landlord’s actual out-of-pocket costs. 1998.request your credit score when you request your credit report (you may have to pay a fee for the score). www.

• is any part of the holding deposit refundable
if you change your mind about renting? As a general rule, if you change your mind, the landlord can keep some—and perhaps all —of your holding deposit. the amount that the landlord can keep depends on the costs that the landlord has incurred because you changed your mind—for example, additional advertising costs and lost rent.

may also want to talk with an attorney, legal aid organization, tenant-landlord program, or housing clinic about whether the landlord may be responsible for other costs that you may incur because of the loss of the rental unit. if you give the landlord a holding deposit when you submit the rental application, but the landlord does not accept you as a tenant, the landlord must return your entire holding deposit to you.

You may also lose your deposit even if the reason you can’t rent is not your fault—for example, if you lose your job and cannot afford the rental unit. if you and the landlord agree that all or part of the deposit will be refunded to you in the event that you change your mind or can’t move in, make sure that the written receipt clearly states your agreement. A holding deposit merely guarantees that the landlord will not rent the unit to another person for a stated period of time. the holding deposit doesn’t give the tenant the right to move into the rental unit. the tenant must first pay the first month’s rent and all other required deposits within the holding period. otherwise, the landlord can rent the unit to another person and keep all or part of the holding deposit.
suppose that the landlord rents to somebody else during the period for which you’ve paid a holding deposit, and you are still willing and able to move in. the landlord should, at a minimum, return the entire holding deposit to you. You

UNLaWfUL diScrimiNatioN What is unlawful discrimination?
A landlord cannot refuse to rent to a tenant, or engage in any other type of discrimination, on the basis of group characteristics specified by law that are not closely related to the landlord’s business needs. Race and religion are examples of group characteristics specified by law.35 Arbitrary discrimination on the basis of any personal characteristic such as those listed under this heading also is prohibited.36 indeed, the California legislature has declared that the opportunity to seek, obtain and hold housing without unlawful discrimination is a civil right.37 under California law, it is unlawful for a landlord, managing agent, real estate broker, or salesperson to discriminate against a person or harass a person because of the person’s race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income,
Continued on page 13

35

For example, the landlord may properly require that a prospective tenant have an acceptable credit history and be able to pay the rent and security deposit, and have verifiable credit references and a good history of paying rent on time. (See Portman and Brown, California Tenants’ Rights, pages 104, 106 (NOLO Press 2007).)

examples of Unlawful discrimination
unlawful housing discrimination can take a variety of forms. under California’s Fair employment and housing Act and unruh Civil Rights Act, it is unlawful for a landlord, managing agent, real estate broker, or salesperson to discriminate against any person because of the person’s race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition, or age in any of the following ways:

• Refusing to sell, rent, or lease. • Refusing to negotiate for a sale, rental, or lease. • Representing that housing is not available for inspection, sale, or rental when it is, in fact,
available.

• otherwise denying or withholding housing accommodations. • providing inferior housing terms, conditions, privileges, facilities, or services. • harassing a person in connection with housing accommodations. • Canceling or terminating a sale or rental agreement. • providing segregated or separated housing accommodations. • Refusing to permit a person with a disability, at the person with a disability’s own expense,

to make reasonable modifications to a rental unit that are necessary to allow the person with a disability “full enjoyment of the premises.” As a condition of making the modifications, the landlord may require the person with a disability to enter into an agreement to restore the interior of the rental unit to its previous condition at the end of the tenancy (excluding reasonable wear and tear). necessary to allow a person with a disability “equal opportunity to use and enjoy a dwelling” (for example, refusing to allow a person with a disability’s companion or service dog).38

• Refusing to make reasonable accommodations in rules, policies, practices, or services when

or disability.39 California law also prohibits discrimination based on any of the following:

• A person’s medical condition or mental or
physical disability; or

• personal characteristics, such as a person’s

physical appearance or sexual orientation that are not related to the responsibilities of a tenant;40 or

• A perception of a person’s race, color,

that do not apply to married couples.43 nor can a landlord inquire as to the immigration status of the tenant or prospective tenant or require that a tenant or prospective tenant make any statement concerning his or her immigration or citizenship status.44 it appears that discrimination on immigration or citizenship status results in illegal discrimination if it is arbitrary not related to the responsibilities of a tenant, or is, in effect, on the basis of race or national origin.45 it is illegal for landlords to discriminate against families with children under 18. however, housing for senior citizens may exclude families with children. “housing for senior citizens” includes housing that is occupied only by persons who are at least age 62, or housing that is operated for occupancy by persons who are at least age 55 and that meets other occupancy, policy and reporting requirements stated in the law.46

religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability or medical condition, or a perception that a person is associated with another person who may have any of these characteristics.41

under California law, a landlord cannot use a financial or income standard for persons who want to live together and combine their incomes that is different from the landlord’s standard for married persons who combine their incomes. in the case of a government rent subsidy, a landlord who is assessing a potential tenant’s eligibility for a rental unit must use a financial or income standard that is based on the portion of rent that the tenant would pay.42 A landlord cannot apply rules, regulations or policies to unmarried couples who are registered domestic partners

Limited exceptions for single rooms and roommates
if the owner of an owner-occupied, single-family home rents out a room in the home to a roomer or a boarder, and there are no other roomers or boarders living in the household, the owner is not subject to the restrictions listed under “examples of unlawful discrimination” on page 12.

which prohibits discrimination based on sex. development (hud) enforces the federal fair housing law. the owner cannot discriminate on the basis of medical condition or age. familial status. For example. • Attorney’s fees. • Civil penalties or punitive damages. Government Code Section 12948. look in the white
pages of the phone book under City or County Government Offices. or disability. representation.
• the california department of fair
• damages for emotional distress.org. sex. legal advice.
• local California apartment association
resolving housing discrimination problems
if you are a victim of housing discrimination (for example.however. the department’s housing enforcement unit can be reached at (800) 233-3212 ttY (800) 700-2320. A number of resources are available to help resolve housing discrimination problems:
employment and Housing investigates housing discrimination complaints (but not other kinds of landlord-tenant problems). the national Fair housing Alliance maintains a searchable database of local organizations that advocate for fair housing at www. religion. You can learn about the department’s complaint process at www. national origin. color. the owner cannot make oral or written statements. source of income.
sometimes. or to place fair housing posters in the rental office.
• Recovery of out-of-pocket losses. sexual orientation. living room.ca.49
• local fair housing organizations (often
known as fair housing councils). Government Code Section 12927(c)(2)(B).47 Further. including:
• local government agencies.gov.
14
.dfeh. race. or go to www. • Access to housing that the landlord
denied you. and other legal services in noncriminal cases to economically disadvantaged persons.2. • An injunction prohibiting the unlawful practice. look in the white (business) and yellow pages of the phone book. department of Housing and Urban
• Legal aid organizations provide free
47 48 49
Government Code Sections 12927(a)(2)(A). or discrimination based on race.48 A person in a single-family dwelling who advertises for a roommate may express a preference on the basis of gender. if a landlord refuses to rent to you because of your race or national origin). the California Apartment Association maintains a list of local apartment association chapters at www. Civil Code Sections 51. limitation. you may have several legal remedies. religion. and handicap (disability).S. your city council representative or your county supervisor). ancestry. or call the offices of local elected officials (for example. a court may order the landlord to take specific action to stop unlawful discrimination. to contact hud. national origin. if living areas (such as the kitchen. the landlord may be ordered to advertise vacancies in newspapers published by ethnic minority groups.Fairhousing.hud.caanet. or use notices or advertisements which indicate any preference. 12955(c). color. look in the white pages of the phone book under United States Government Offices. look in the white (business) and yellow pages of the phone book.org.gov.51. or bathroom) will be shared by the roommate. chapters. marital status. familial status.
• the U.

50 First. and as long as the landlord does not ask the tenant to leave.53 A periodic rental agreement does not state the total number of weeks or months that the agreement will be in effect.calegaladvocates. You may be able to hire a
private attorney to take legal action against a landlord who has discriminated against you. For the names of attorneys who specialize in housing discrimination cases. Civil Code Section 1944.legal aid organizations are located throughout the state. • the amount of advance notice that the tenant
must give the landlord. in a periodic rental agreement. although longer (or shorter) rental periods can be specified. or go to www. contact one of the resources listed above for advice and help. and
50 51 52 53
Government Code Section 12980(b). and that the landlord must give the tenant. Civil Code Section 1944. a complaint to the department of Fair employment and housing must be filed within one year from the date of the discriminatory act. then.cfm. if either decides to terminate (end) the tenancy.52 in effect. For example. the tenant can continue to live in the rental unit as long as the tenant continues to pay rent. a periodic rental agreement expires at the end of each period for which the tenant has paid rent. lawhelpcalifornia. the legal Aid Association of California also maintains a directory of legal aid organizations at www. including dates and the names of those involved.51 the month-to-month rental agreement is by far the most common kind of rental agreement. the periodic rental agreement or lease creates the tenant’s right to live in the rental unit. A periodic rental agreement that requires one rent payment each month is a month-to-month rental agreement.
BeFore You agree to rent
before you decide on a rental unit. it is a week-to-week rental agreement and the tenancy is a week-toweek tenancy. the tenant’s right to use and possess the landlord’s rental unit is called a tenancy. Civil Code Sections 1945. A periodic rental agreement states the length of time (the number of days) between the rent payments—for example a week (seven days) or a month (30 days). 1946. the length of time between rent payments is called the rental period. For example: is an oral rental agreement legally binding? What are the differences between a lease and a rental agreement? What are some of the advantages and disadvantages of each? this section answers these and other questions. write down what happened. the length of time between the rent payments (the rental period) determines three things:
• private attorneys.
You must act quickly if you believe that a landlord has unlawfully discriminated against you. you and the landlord must enter into one of two kinds of agreements: a periodic rental agreement or a
• how often the tenant must pay rent.
15
. the time limits for filing housing discrimination complaints are short.
lease.
reNtaL agreemeNtS aNd LeaSeS general information
before you can rent a rental unit.org.org/CA/statedirectory. and the tenancy is a monthto-month tenancy. there are several other points to consider. look in the yellow pages of the phone book under Attorneys. 1946. and is renewed by the next rent payment. if the periodic rental agreement requires that rent be paid once a week.1. call your county bar association or an attorney referral service.

this kind of rental agreement is legally binding on both you and the landlord. normally. and phone number of the landlord or agent for receipt of legal notices. late fees.)
Any time that a tenant and a landlord agree to the lease of a rental unit for more than one year. a week or a month. utilities or garbage removal) or to provide any services (for example. however. (b). such as any of the following:
• You plan to live in the unit for a long time (for
example. and how the rent is to be paid (for example by cash. the contact information for the person who is to accept the rent. Civil Code Section 1962(b). Civil Code Sections 1091. you and the landlord agree orally (not in writing) that you will rent the rental unit. however.
16
. it’s usually best to have a written rental agreement.
oral rental agreements
in an oral rental agreement. you must give the landlord at least 30 days’ advance written notice in order to end the rental agreement (see page 49–50).
54 55 56
Civil Code Sections 827(a). it may also contain clauses on pets. and the landlord’s and your obligations. even though it is not in writing. you must give the landlord at least seven days’ advance written notice in order to end the rental agreement. if you have a disagreement with your landlord.
• Your landlord has agreed to your having a pet
or water-filled furniture (such as a waterbed). if you have a month-tomonth rental agreement. the agreement must be in writing. the landlord usually must give you 30 days’ advance written notice of changes such as an increase in the charge for parking or an increase in the security deposit.) 55 it’s especially important to have a written rental agreement if your tenancy involves special circumstances. For example. check or money order.54 (special rules apply to the amount of advance notice that the landlord must give the tenant to raise the rent (see pages 31–33). it is not enforceable. even if the agreement is oral. For example. nine months or a year). in most cases. you agree to pay a specified rent for a specified period of time —for example. in a month-to-month rental agreement. the written rental agreement specifies all the terms of the agreement between you and the landlord —for example. street address. the amount of advance written notice that you give the landlord before you move out of the rental unit must be the same as the length of time between rent payments. a gardener). it states the rent. the landlord must give you a written statement regarding the name.• the amount of advance notice the landlord
must give the tenant if the landlord decides to change the terms of the rental agreement other than the rent.
Written rental agreements
A written rental agreement is a periodic rental agreement that has been put in writing. the length of time between rent payments is important. the length of time between rent payments. and amount of notice. if you have a week-to-week rental agreement. or
• the landlord has agreed to pay any expenses
(for example. therefore. in addition. you will have no written proof of the terms of your rental agreement.56 if such an agreement is not in writing. however. the amount of advance written notice that the landlord gives the tenant to change the terms of the tenancy must be the same as the length of time between rent payments. in addition. 1624(a)(3). the amount of advance notice that the landlord gives you when notifying you of changes in the terms of the tenancy must be the same as the length of time between rent payments.

housing clinic. for example. the landlord must reach an agreement with you. the tenant’s obligation to pay rent depends on the landlord’s living up to his or her obligations under the implied warranty of habitability.1– 2:170. legal aid organization.58 if you have a written periodic rental agreement. if you move before the lease ends. special rules apply to the amount of advance notice that the landlord must give you to raise the rent (see pages 31–33). 1946. Because there is no direct regulation or guidance from the CPUC or statute. the disadvantage of a lease is that if you need to move. Most leases are in writing.5.the landlord and tenant can specifically agree in writing to a shorter amount of notice (a shorter notice period). your obligations. and any risks that you may face. 1624(a)(3). similarly. or tenant-landlord program to make sure that you understand all of the lease’s provisions. it is important that all facets of the landlord-tenant billing relationship for utilities are agreed to in writing. Bar 2009). a lease may be difficult for you to break. before signing a lease. you are bound by the lease until it expires (for example. you may want to talk with an attorney.60 there are some advantages to having a lease. in situations like these. a tenant’s gas or electric meter may also measure gas or electricity used in a common area. in other buildings. Ed. it must be in writing. even if the lease allows rent increases.. Civil Code Sections 1091. the notice period agreed to by the landlord and the tenant can never be shorter than seven days.
17
. the tenant could end the tenancy by giving the landlord 10 days’ advance written notice. Paragraphs 2:170. the lease should specify a limit on how much and how often the rent can be raised. the landlord must disclose to you that utility meters are shared before you sign the rental agreement or lease.61 if you become a tenant. about who will pay for the shared utilities (see page 22).57 A landlord and a tenant who have a month-to-month rental agreement might agree to 10 days’ advance written notice for a change in the terms of the agreement (other than the rent). Landlord-Tenant. See California Practice Guide. Civil Code Section 1940. the landlord cannot raise your rent while the lease is in effect. There it is discussed that the California Public Utilities Commission (CPUC) has held that it has no jurisdiction in the vast majority of landlord-tenant billing relationships. if the lease is for more than one year. this would allow the landlord. See discussion of utilities billing in Moskovitz et al. such as the laundry room or the lobby. Public Utilities Code Section 739. Also. the landlord cannot evict you while the lease is in effect.
Leases
A lease states the total number of months that the lease will be in effect—for example. to increase the charge for parking or end the tenancy by giving the tenant 10 days’ advance written notice.41E (Cal Cont. except for reasons such as your damaging the property or failing to pay rent.9. this means that you must pay the rent and perform all of your obligations under the lease during the entire lease period. especially if another tenant can’t be found to take over your lease. the landlord may have a claim against you for the rent for the rest of the lease term. California Landlord-Tenant Practice. if you have a lease. Paragraph 4. A lease gives the tenant the security of a long-term agreement at a known cost.9 (Rutter Group 2009).59 it is important to understand that. six or 12 months.41A-4. See discussion of “Repairs and Habitability” (pages 37–40) and “Having Repairs Made” (pages 40–46). unless the
SHared UtiLitY meterS
some buildings have a single gas or electric meter that serves more than one rental unit.
57 58 59 60 61
Civil Code Section 827(a). which must be in writing. although oral leases are legal.
lease expressly allows rent increases. even though the lease requires the rent to be paid monthly. Civil Code Section 827(a). However. at the end of 12 months).

before signing the agreement.. or sublease of a rental unit.
63
Civil Code Section 1632(b). or Korean (whichever was used in the negotiation). See Civil Code Section 1688 and following on rescission of contract.63 this rule applies whether the negotiations are oral or in writing. the landlord must give the tenant the written translation of the lease or rental agreement whether or not the tenant requests it. Because there is no direct regulation or guidance from the CPUC or statute. and
• the interpreter is not a minor (under 18 years • the interpreter is not employed or made
available by or through the landlord. Ask the landlord if the rental unit that you plan to rent has its own water meter or submeter. Vietnamese-. California Landlord-Tenant Practice. Vietnamese-. Chinese.
62
See discussion of utility billing in Moskovitz et al. numerals. read it carefully so that you understand all of its terms. or Korean-speaking person has a genuine opportunity to read the written translation of the proposed agreement that has been negotiated primarily in one of these languages. addresses.
64
Civil Code Section 1632(k). dollar amounts and dates in english. Bar 2009). lease. California law does not specifically regulate how landlords bill tenants for water and sewer utilities. but may retain elements such as names. the tenant can rescind (cancel) the agreement. if a landlord who is required to provide a written translation of a lease or rental agreement in one of these languages fails to do so. tagalog-. and of age).Rental units in older buildings may not have separate water meters or submeters. Sections 4. Cont. it is important that all facets of the landlord-tenant billing relationship for utilities be agreed to in writing. Chinese-. What kind of terms should be in the rental agreement or lease? Can the rental agreement or lease limit the basic rights that the law gives to all tenants? how much can the landlord require you to pay as a security deposit? this section answers these and other questions. Vietnamese or Korean for the rental. and if the landlord will bill you for water or sewer utilities.64
wHen You Have decIded to rent
before you sign a rental agreement or a lease. There it is discussed that the California Public Utilities Commission (CPUC) has held that it has no jurisdiction in the vast majority of landlord-tenant billing relationships. in this situation. tagalog.
fluently and read with full understanding english.41A-4. and
• the tenant’s interpreter is able to speak
traNSLatioN of ProPoSed reNtaL agreemeNt
A landlord and a tenant may negotiate primarily in spanish. or
Korean-speaking tenant negotiated the rental agreement through his or her own interpreter.
18
. Vietnamese. the translation must include every term and condition in the lease or rental agreement. the landlord must give the tenant a written translation of the proposed lease or rental agreement in the language used in the negotiation before the tenant signs it. the rule does not apply if the rental agreement is for one month or less.62
however. if it does not. Ed. the landlord is not required to give the tenant a written translation of the lease or rental agreement if all of the following are true:
• the spanish-. Chinese. as well as spanish. it is never sufficient for the landlord to give the written translation of the lease or rental agreement to the tenant after the tenant has signed it. tagalog. be sure that you understand how the landlord will calculate the amount that you will be billed. Tagalog-. The purpose of this law is to ensure that the Spanish-. and to consult with others.41E (Cal. Chinese-.

10009.
• the amount and purpose of the security
deposit (see pages 24–26). if you may make your rent payment in person. water. check fee (see page 30).1.12822. If your landlord is obligated to pay utilities and has failed to pay. the agreement or lease must state the usual days and hours that rent may be paid in person. if you still don’t understand. Vietnamese. such as “tenant rules and regulations.65
• Who is responsible for paying utilities (gas. the document may state the name. and trash collection). such as whether you can sublet
in addition. the rental agreement or lease must disclose:
• the name.1 of the Public Utilities Code may deduct the payment from the rent. carefully read and understand the entire document before you sign it.
who is responsible for taking care of the yard. discuss the agreement with a friend. There is no standard rental agreement or standard lease! therefore.
• the amount of any late charge or returned • Whether pets are allowed. Chinese. • When the rent is due.WHat tHe reNtaL agreemeNt or LeaSe SHoULd iNcLUde
Most landlords use printed forms for their leases and rental agreements.
the names of the landlord and the tenant. if you don’t understand something. and should not contain anything that contradicts what the landlord or the agent told you. including the date by which the repairs will be completed. or.
• Whether attorney’s fees can be collected
from the losing party in the event of a lawsuit between you and the landlord. address. 10009. don’t feel rushed into signing. or housing clinic. • if the rental is a house or a duplex with a yard. electric. the written rental agreement or lease should contain all of the promises that the landlord or the landlord’s agent has made to you. or 1648. • other items. 12822. Spanish.2. and where it is to be paid. ask the landlord to explain it to you. legal aid organization.
Civil Code Section 1942. Tagalog. and Korean.” get a copy and read it before you sign the written agreement. the rental unit (see page 35–36) and the conditions under which the landlord can inspect the rental unit (see pages 33–34). address. printed forms may differ from each other. 16481. Make sure that you understand everything that you’re agreeing to by signing the rental agreement or lease. you may take over a utility service account if it is pending termination. A tenant who has made a payment to a utility pursuant to Section 777. This law requires utility service providers to give the termination of service notice in writing to the tenant in the following languages: English.
• the number of people allowed to live in the
rental unit.
• Any promises by the landlord to make repairs. (this information can be posted conspicuously in the building instead of being disclosed in the rental agreement or lease. if the lease or rental agreement refers to another document. and account number of the financial institution where rent payments may be made (if it is within five miles of the unit) or information necessary to establish an electronic funds transfer for paying the rent. and telephone number of
the authorized manager of the rental property and an owner (or an agent of the owner) who is authorized to receive legal notices for the owner. and telephone number of
• • the address of the rental unit.)
Key terms the written rental agreement or lease should contain key terms. 777. • the amount of the rent.
65
the person or entity to whom rent payments must be made. such as the following:
• the name. however. street address.
19
. or with an attorney. to whom it is to be paid. tenant-landlord program.1.1.

it’s important that any agreed-upon change in terms be included in the rental agreement or lease that both you and the landlord sign.
20
.68 every rental agreement or lease also must contain a written notice that the California department of Justice maintains a Web site at www. carefully consider the importance of the term. this notice must be in legally required language. (see pages 29–30.10a. the change can be made in
tenant’s basic legal rights
Tenants have basic legal rights that are always present. Civil Code Section 1962(a)(4). if you and the landlord agree to change a term. Civil Code Section 1947.
if the rental agreement is oral. a written statement containing the information in the foregoing three bullet points. don’t sign a rental agreement or a lease if you think that its terms are unfair. within 15 days. or.21A (Cal. both of you should then initial or sign in the area immediately next to the change to show your approval of the change.
• the right to a refund of the security deposit. Ed.46. after you move (see pages 53–65). California Practice Guide.6 (Rutter Group 2009).7.3.
• limits on the landlord’s right to enter the
rental unit (see pages 33–36). the landlord cannot require that you make rent payments in cash. and can’t negotiate a better term. examples include whether you must park your car in a certain place. the owner of the rental unit or the person who signs the rental agreement or lease on the owner’s behalf must give you a copy of the document within 15 days after you sign it. The required language differs depending on the date of the lease or rental agreement. and decide whether or not you want to sign the document. by check or money order). See Muskovitz et al. Bar 2009). if a term doesn’t fit your needs.meganslaw. Paragraphs 2:147-147. it is important that you understand all of the terms of your rental agreement or lease. try to negotiate a more suitable term (for example. the tenant may request a copy of this written statement each year thereafter. Civil Code Section 1962(b).70 be sure that your copy shows the signature of the owner or the owner’s agent. the landlord or the landlord’s agent must give the tenant.
or a written accounting of how it was used. no matter what the rental agreement or lease states. Penal Code Section 290.
• the right to sue the landlord for violations of • the right to repair serious defects in the rental
Continued on page 22
66 67 68 69 70
Civil Code Section 1961-1962. the law or your rental agreement or lease. a smaller security deposit or a lower late fee). Keep the document in a safe place. if you don’t agree with a term in the rental agreement or lease.)67
handwriting in the rental agreement or lease. Civil Code Section 2079. and whether you must obtain permission from the landlord before having a party. See Appendix 5. if you don’t comply with them.ca. Section 1. California Landlord-Tenant Practice.• the form in which rent payments must be
made (for example. the document can be retyped with the new term included in it.66 (As a general rule.gov that provides information about specified registered sex offenders. these rights include all of the following:
• limits on the amount of the security deposit
that the landlord can require you to pay (see pages 24–26).69 A rental agreement or lease may contain other terms. in addition to your signature. Cont. the landlord may have grounds to evict you. Landlord-Tenant.

1(b)(3)(A).alterations to accommodate a tenant With a disability
A landlord must allow a tenant with a disability to make reasonable modifications to the rental unit to the extent necessary to allow the tenant “full enjoyment of the premises. the landlord may require the tenant to enter into an agreement to restore the interior of the rental unit to its previous condition at the end of the tenancy. the landlord cannot require an additional security deposit in this situation. as part of the tenant’s agreement to restore the rental unit. Civil Code Section 54.72
71 72
Civil Code Section 54. As a condition of making the modifications.”71 the tenant must pay for the modifications. however. the landlord and tenant may agree.1(b)(3)(A). See Examples of Unlawful Discrimination page 12. that the tenant will pay a “reasonable estimate” of the restoration cost into an escrow account.
21
.

unit and to deduct certain repair costs from the rent, under appropriate circumstances (see pages 41–42).

• the landlord can pay for the utilities provided
through the meter for your rental unit by placing the utilities in the landlord’s name;

• the right to withhold rent under appropriate
circumstances (see pages 43–45).

• the landlord can have the utilities in the area
outside your rental unit put on a separate meter in the landlord’s name; or

• You can agree to pay for the utilities provided
LaNdLord’S diScLoSUreS Lead-based paint

• protection against retaliatory eviction (see
these and other rights will be discussed throughout the rest of this booklet.

through the meter for your rental unit to areas outside your rental unit.74

Landlord’s and tenant’s duty of good faith and fair dealing
every rental agreement and lease requires that the landlord and tenant deal with each other fairly and in good faith. essentially, this means that both the landlord and the tenant must treat each other honestly and reasonably. this duty of good faith and fair dealing is implied by law in every rental agreement and every lease, even though the duty probably is not expressly stated.73

if the rental unit was constructed before 1978, the landlord must comply with all of these requirements:

• the landlord must disclose the presence of

Shared utilities
if the utility meter for your rental unit is shared with another unit or another part of the building (see page 17), then the landlord must reach an agreement with you on who will pay for the shared utilities. this agreement must be in writing (it can be part of the rental agreement or lease), and can consist of one of the following options:

known lead-based paint and lead-based paint hazards in the dwelling before the tenant signs the lease or rental agreement. the landlord also must give the tenant a copy of the federal government’s pamphlet, “protect Your Family From lead in Your home” (available by calling (800) 424-leAd, or online at www.epa.gov/ lead/pubs/leadpdfe.pdf), before the tenant signs the lease or rental agreement.75 evaluation of the lead-based paint, or to remove it.76

• the landlord is not required to conduct any • the lease or rental agreement must contain
a lead warning statement in legally-required language.77

73

Andrews v. Mobile Aire Estates (2005) 125 Cal.App.4th 578 [22 Cal.Rptr.3d 832]. A typical legal description of the implied covenant of good faith and fair dealing is that neither party will do anything that will injure the right of the other party to receive the benefits of the agreement. See the Andrews decision for a discussion of the closely related implied covenant of quiet enjoyment.

74 75

Civil Code Section 1940.9. This section also provides remedies for violations. California Practice Guide, Landlord-Tenant, Paragraphs 2:104.20-2:104.23 (Rutter Group 2009); 42 United States Code Sections 4851b, 4852d (this disclosure requirement does not apply to dwellings with zero bedrooms, or to housing for elderly or disabled persons (unless a child younger than six is expected to live in the housing)); 24 Code of Federal Regulations Section 35.88; see Health and Safety Code Section 17920.10 (dwellings that contain lead hazards).

methamphetamine contamination
Residential property that has been used for methamphetamine production may be significantly contaminated. A local health officer who inspects rental property and finds that it is contaminated with a hazardous chemical related to methamphetamine laboratory activities must issue an order prohibiting the use or occupancy of the property. this order must be served on the property owner and all occupants. the owner and all occupants then must vacate the affected units until the officer sends the owner a notice that the property requires no further action. the owner must give written notice of the health officer’s order and a copy of it to potential tenants who have completed an application to rent the contaminated property. before signing a rental agreement, the tenant must acknowledge in writing that he or she has received the notice and order. the tenant may void (cancel) the rental agreement if the owner does not does not comply with these requirements. the owner must comply with these requirements until he or she receives a notice from the health officer that the property requires no further action.82 these requirements took effect on January 1, 2006.

tenants and tenants a written disclosure of information on lead-based paint and/or leadbased paint hazards.78

Periodic pest control treatments
A pest control company must give written notice to the landlord and tenants of rental property regarding pesticides to be used when the company provides an initial treatment as part of an ongoing pest-control service contract. the landlord must give a copy of this notice to every new tenant who will occupy a rental unit that will be serviced under the service contract.79

asbestos Residential property built before 1981 may contain asbestos. A leading reference for landlords recommends that landlords make asbestos disclosures to tenants whenever asbestos is discovered in the rental property. (this book also contains detailed information on asbestos disclosures, and protections that landlords must provide their employees.)80 carcinogenic material
A landlord with 10 or more employees must disclose the existence of known carcinogenic material (for example, asbestos) to prospective tenants.81

demolition permit
the owner of a dwelling who has applied for a permit to demolish the dwelling must give written notice of this fact to a prospective tenant before accepting any fee from the tenant or entering into a rental agreement with the tenant. (the owner must give notice to current tenants, including tenants who haven’t moved in yet, before applying for a permit.) the notice must state the earliest approximate dates that the owner expects the demolition to occur and that the tenancy will end.83

the potential tenant signs a lease or rental agreement, the owner or subdivider of the condominium project must give the tenant written notice that:

• the unit has been approved for sale, and may
be sold, to the public, and

• the tenant’s lease may be terminated (ended)
if the unit is sold, and

• the tenant will be informed at least 90 days
before the unit is offered for sale, and

• the tenant normally will be given a first option
to buy the unit. the notice must be in legally required language. this notice requirement applies only to condominium conversion projects that have five or more dwelling units and that have received final approval. if the notice is not given, the tenant may recover actual moving expenses not exceeding $1,100 and the first month’s rent on the tenant’s new rental unit, if any, not to exceed $1,100. these notice provisions do not apply to projects of four dwelling units or less, or as a result of transfers due to: court order (including probate proceedings), foreclosure proceedings, or trusts.86

military base or explosives
A landlord who knows that a rental unit is within one mile of a closed military base in which ammunition or military explosives were used must give written notice of this fact to a prospective tenant. the landlord must give the tenant this notice before the tenant signs a rental agreement.84

death in the rental unit
if a prior occupant of the rental unit died in the unit within the last three years, the owner or the owner’s agent must disclose this fact to a prospective tenant when the tenant offers to rent or lease the unit. the owner or agent must disclose the manner of death, but is not required to disclose that the occupant was ill with, or died from, Aids. however, the owner or agent cannot intentionally misrepresent the cause of death in response to a direct question.85

BaSic rULeS goVerNiNg SecUritY dePoSitS
At the beginning of the tenancy, the landlord most likely will require you to pay a security deposit. the landlord can use the security deposit, for example, if you move out owing rent, damage the rental unit beyond normal wear and tear, or leave the rental less clean than when you moved in.87 under California law, a lease or rental agreement cannot say that a security deposit is nonrefundable.88 this means that when the

condominium conversion project
A rental unit may be in a condominium conversion project. A condominium conversion project is an apartment building that has been converted into condominiums or a newly constructed condominium building that replaces demolished residential housing. before
83 84 85 86 87 88

unless the landlord properly uses the deposit for a lawful purpose.
25
. in which advance payment of six months’ rent (or more) may be charged. the total amount allowed as security depends on whether the rental unit is unfurnished or furnished and whether you have a waterbed. the law allows the landlord to require a tenant to pay an application screening fee. unless the landlord properly uses the deposit for a lawful purpose. 1950. Civil Code Section 1950. as described on pages 24 and 53–65. however. the total amount allowed as security can be up to three-and-ahalf times the monthly rent. these fees are refundable as part of the security deposit.90 the application screening fee is not part of the security deposit. interviewing and screening you. such as checking your personal references and obtaining your credit report (see page 10).
• furnished rental unit: the total amount that
• application screening fee—A landlord might
charge you an application screening fee to cover the cost of obtaining information about you. for example. For example. key fee. therefore.6. pet deposit. Civil Code Section 1950. Civil Code Section 1950. it is not refundable as part of the security deposit.tenancy ends. to be part of the security deposit. security deposit.92 therefore. as described on pages 26 and 53–65. if you have a waterbed. (see page 29. no matter what these payments or fees are called. charge you a fee to reimburse the landlord for the costs of processing you as a new tenant. the security deposit may be a combination.91 here are examples of the two kinds of fees:
the landlord might charge you for providing application forms. listing the unit for rent. in addition to the security deposit (see page 10). if you have a waterbed. the security deposit may be called last month’s rent. These limitations do not apply to long-term leases of at least six months. the total amount allowed as security can be up to two-and-a-half times the monthly rent.5(b).
• Unfurnished rental unit: the total amount that
the landlord requires as security cannot be more than the amount of two months’ rent. at the beginning of the tenancy. Almost all landlords charge tenants a security deposit. require you to pay the first month’s rent in addition to the security deposit. these kinds of fees are part of the security deposit.5(c). of the last month’s rent plus a specific amount for security.5 sets the limits on security deposits when the tenant has a waterbed or water-filled furniture.) Security deposit example: suppose that you have agreed to rent an unfurnished apartment for $500 a month.5(b). the landlord must return to you any payment that is a security deposit. Civil Code Sections 1950. the law considers them all.5(b).
the landlord requires as security cannot be more than the amount of three months’ rent. as well as any other deposit or charge.93
• Plus first month’s rent: the landlord can
• New tenant processing fee—A landlord might
the landlord normally cannot require that you pay the security deposit in cash.89 the one exception to this rule is stated in the next paragraph. The section also allows the landlord to charge a reasonable fee to cover the landlord’s administrative costs. Civil Code Section 1940. the law limits the total amount that the landlord can require you to pay as a security deposit. the
89 90 91 92 93
Civil Code Section 1950.5(b). and similar purposes. before you move in. or cleaning fee. the application screening fee is not part of the security deposit. any other fee charged by the landlord at the beginning of the tenancy to cover the landlord’s costs of processing a new tenant is part of the security deposit.

000). but it can be done two or three days later.94 A payment that is a security deposit cannot be nonrefundable. when you move out of the rental.
26
.
• You have damaged the rental beyond normal
wear and tear. this amount is not subject to the limits on the amount of the security deposit discussed on pages 24–25. it’s best to do this before you move in. in addition to the $1. the landlord can keep an amount that is reasonably necessary to clean or repair the rental. Make sure that your rental agreement or lease clearly states that you have paid a security deposit to the landlord and correctly states the amount that you have paid. the law allows the landlord to keep
part or all of the security deposit in any one or more of the following situations:
• You owe rent. • You leave the rental less clean than when you
moved in. plus an application screening fee of up to $42. if necessary. Most landlords will give you a written receipt for all amounts that you pay as a security deposit. this is because the first month’s rent and the application screening fee are not part of the security deposit.5(o) (describes evidence that proves the existence and amount of a security deposit).5(c). a $15 key deposit. for example. Civil Code Section 1950. however. if you have left the rental very dirty or damaged beyond normal wear and tear. for example. the amount that you pay for the alterations would be subject to the limits on the amount of the security deposit and would be part of the security deposit. the landlord cannot require any of these extra fees because the total of all deposits then would be more than the $1.000 security deposit. You and the landlord or agent should walk through the rental
94 95 96 97
Civil Code Section 1950.landlord can require you to pay up to two times the amount of the monthly rent as a security deposit ($500 x 2 = $1.000 security deposit (the maximum allowed by law for an unfinished unit when the rent is $500 a month). or a $50 fee to process you as a new tenant.95 however. Keep your rental agreement or lease in case of a dispute. the landlord also can require you to pay the first month’s rent of $500. and
• You fail to restore personal property (such
as keys or furniture). decorative or furnishing alterations to the rental unit. that the alterations that you have requested involve cleaning or repairing damage for which the landlord may charge the previous tenant’s security deposit.5(m).(e). Civil Code Section 1950.000 allowed by law when the rent is $500 a month. and is not part of the security deposit. suppose that the landlord has required you to pay a $1.96 deductions from security deposits are discussed in detail on pages 53–65. Civil Code Section 1950. a $200 cleaning deposit. the landlord cannot also demand. in that situation. suppose. suppose that you ask the landlord to make structural.
if none of these circumstances is present. however. other than because of normal wear and tear. the rental agreement or lease should also describe the circumstances under which the landlord can keep part or all of the security deposit.97
tHe iNVeNtorY cHecKLiSt
You and the landlord or the landlord’s agent should fill out the inventory Checklist on pages 107–110 (or one like it).06. and that you agree to pay a specific amount for the alterations. the landlord must return the entire amount that you have paid as security.5(b).

every person is responsible for damages sustained by someone else as a result of the person’s carelessness. both of you should sign and date the checklist.99 Renter’s insurance may not be available in every area. other cities don’t have this requirement. it would not protect the roommate’s personal property. 101 See list of rent control cities in Appendix 2 on page 90. if the landlord’s insurance company pays the landlord for a loss that you cause. the landlord must state and prove a valid reason for terminating a monthto-month tenancy. For example. it’s often a good idea to purchase renter’s insurance. Carefully completing the checklist at the beginning of the tenancy will help avoid disagreements about the condition of the unit when you move out. the price also will be affected by how much insurance protection you decide to purchase. (Civil Code Section 1714). and both of you should keep a copy of it. You should check with more than one insurance company. if renter’s insurance is available. all rent control cities now have “vacancy decontrol. in order to be protected. the insurance company may then sue you to recover what it has paid the landlord.101 some of these ordinances specify procedures that a landlord must follow before increasing a tenant’s rent. since the price and type
reNt coNtroL
some California cities have rent control ordinances that limit or prohibit rent increases. or that make evicting a tenant more difficult for a landlord. because of recent changes in state law. California Tenants’ Rights. Renter’s insurance would pay the other party on your behalf for some or all of these losses.” under these ordinances. For that reason. the roommate must take out his or her own policy.
27
.
100 Civil Code Section 1940. pages 313-314 (NOLO Press 2007). be certain that it provides the protection you want and is fairly priced. Your landlord probably has insurance that covers the rental unit or dwelling.
of coverage may differ widely among insurance companies. See discussion of renter’s insurance in Portman and Brown. but you shouldn’t assume that the landlord’s insurance will protect you. each community’s ordinance is different.5(a). some ordinances allow landlords to evict tenants only for “just cause.98 You could be required to pay for the losses that the landlord or other tenant suffers.” this means that the landlord can re-rent a unit at the market rate when the tenant moves out voluntarily or when the landlord terminates the tenancy for nonpayment of rent. the landlord can require you to have a waterbed insurance policy to cover possible property damage. some cities have boards that have the power to approve or deny increases in rent. if you want to use a waterbed.100
reNter’S iNSUraNce
Renter’s insurance protects the tenant’s personal property from losses caused by fire or theft. and if you choose to purchase it.unit together and note the condition of the items included in the checklist in the “Condition upon Arrival” section. Renter’s insurance usually only protects the policyholder. see additional suggestions about the inventory Checklist on page 107. other cities’ ordinances allow a certain percentage increase in rent each year. it also protects a tenant against liability (legal responsibility) for many claims or lawsuits filed by the landlord or others alleging that the tenant has negligently (carelessly) injured another person or damaged the person’s property. Carelessly causing a fire that destroys the rental unit or another tenant’s property is an example of negligence for which you could be held legally responsible.
98 99
In general.

your lease or rental agreement can specify any day of the month as the day that rent is due (for example. 106 If the landlord intends to report negative credit information about the tenant to a credit bureau. you must take reasonable care of your rental unit and any common areas that you use. see the discussions in Brown.9 (Cal. not paying on time might lead to a negative entry on your credit report. Bar 2009). or pets. Landlord-Tenant. rent usually must be paid on the first day of the month. Warner and Portman.104 these important tenant responsibilities are discussed in more detail under “dealing with problems. California Landlord-Tenant Practice. guests. The California Landlord’s Law Book. For example.102 A rent control ordinance may change the landlord-tenant relationship in other important ways besides those described here. I: Rights & Responsibilities. The California Landlord’s Law Book. 1999. information about los Angeles’ rent control ordinance is available at www. 1941. (see the list of cities with rent control in Appendix 2. Cont. the rental agreement or lease must state the name and address of the person or entity to whom you must make rent payments. or within 30 days after reporting it.26.some ordinances make it more difficult for owners to convert rentals into condominiums. or every tuesday in a week-to-week rental agreement).105 it’s very important for you to pay your rent on the day it’s due. the landlord must disclose this intent to the tenant. Chapter 5 (Rutter Group 2009). I: Rights & Responsibilities.lacity. For example. 1996. Warner and Portman. however. the law assumes that the rent is receivable by the owner on the date of postmark. property that was issued a certificate of occupancy after February 1995 is exempt from rent control. As explained on page 19.103 or by requesting a copy of your local ordinance from the city or county clerk’s office. Find out if you live in a city with rent control.” pages 36–47. Moskovitz et al. The notice may be in the rental agreement. The landlord may personally deliver the notice to the tenant or send it to the tenant by first-class mail.
lIvIng In tHe rental unIt
As a tenant. can the landlord enter the rental unit without notifying you? Can the landlord raise the rent even if you have a lease? What can you do if you have to move before the end of the lease?
PaYiNg tHe reNt When is rent due?
Most rental agreements and leases require that rent be paid at the beginning of each rental period. 105 Civil Code Section 1962(f).
102 Brown. some kinds of property cannot be subject to local rent control. either before reporting the information. 103 For example. and Civil Code Section 1954. Sections 1.2. Appendix C (NOLO Press 2009) and California Practice Guide. Vol. a receipt for certified mail). if you can show proof that you mailed the rent to the stated name and address (for example. Vol. or that is caused by anyone for whom you are responsible.) Contact your local housing officials or rent control board for information. The landlord must give notice to the tenant. tenancies in single family homes and condos are exempt from rent control if the tenancy began after January 1. beginning January 1. You must also repair all damage that you cause.
28
. some cities post information about their rent control ordinances on their Web site (for example. page 81 and Appendix C (NOLO Press 2009). For example.106 late fees (see page 30). You can find out about the rent control ordinance in your area (if there is one) at your local law library. in a month-to-month tenancy. and even eviction (see pages 67–71). the 10th of every month in a month-to-month rental agreement.org/ lahd).
this section discusses other issues that can come up while you’re living in the rental unit. (Civil Code Section 1785.52. Ed. if this address does not accept personal deliveries. you can mail your rent payment to the owner at the stated name and address. 104 Civil Code Sections 1929.29. such as your family.. 4.

this might cause the landlord to serve you with a 30-day notice to end the tenancy (see pages 67-68).) in order to require you to pay rent in cash. you could pay your May 1 rent payment by check. or
• attempted to pay with a check that the
bank returned to the landlord because of insufficient funds in your account. you have paid the landlord or agent with a check that has been dishonored by the bank. however.) or the amount of notice required to change the terms of the agreement (see pages 15–17). pages 29–30. the landlord must give you 30 days’ notice of changes in it. within the last three months. if the tenancy continues.
29
. the law that allows the landlord to require cash payments does not clearly answer these questions.).) therefore. the following is based on a fair interpretation of the law.
107 Civil Code Section 1947. which is the first step in an action to evict you (see pages 67–71). the requirement that you pay rent in cash changes the terms of your rental agreement and takes effect in 30 days (on May 12). this is because under your rental agreement. example: suppose that you have a month-tomonth rental agreement and that your rent is due on the first of the month.
the landlord must attach a copy of the dishonored check to the notice. You would have to pay your June 1 and July 1 rent payments in cash. on April 11. the requirement that you pay rent in cash continues for three months after the landlord received the notice that your check was dishonored (through July 10). however. cash. if you don’t. you should make the check good immediately.107 these same rules apply if the landlord requests that you pay the security deposit in cash. (Penal Code Section 476a. you give your landlord your rent check for April. the landlord must give you the proper amount of advance notice (see pages 15–17). money order. Paying by check with knowledge that the account has insufficient funds and with intent to defraud is a crime. (A dishonored check is one that the bank returns without paying because you stopped payment on it or because your account did not have enough money in it. on April 12. What about your April 1 rent check that was returned by the landlord’s bank? As a practical matter. this period cannot be more than three months after you:
on April 1. Waiver of these provisions is void and unenforceable. (see pages 15–17. the landlord or agent can require you to pay rent in cash if.108
• ordered the bank to stop payment on the
check. suppose that the rental agreement does not specify the form of rent payment (check.check or cash?
the landlord or landlord’s agent normally cannot require you to pay rent in cash. 108 See discussion of late fees and dishonored check fees. if the notice changes the terms of your rental agreement. the landlord hands you a notice stating that your check was dishonored and that you must pay rent in cash for the next three months. etc. your landlord receives a notice from his bank stating that your check has been dishonored because you did not have enough money in your account. What are your rights and obligations under these facts? What are the landlord’s rights and obligations? unfortunately. the landlord must first give you a written notice stating that your check was dishonored and that you must pay cash for the period of time stated by the landlord.3. the landlord can serve you with a three-day notice.

For example.110 What if you’ve signed a lease or rental agreement that contains a late-fee provision. Keep the receipts or canceled checks so that you will have records of your payments in case of a dispute. Orozco v. if the late fee is reasonable.4th Supp. (see “Rent Control. and up to $35 for each additional check.App. the landlord can charge a service charge instead of the dishonored check fee described in this paragraph.) in order for the landlord to charge the tenant a returned check fee. if the landlord isn’t willing to forgive or lower the late
Partial rent payments
You will violate your lease or rental agreement if you don’t pay the full amount of your rent on time.” pages 27–28. a landlord can do this only if the lease or rental agreement contains a late fee provision.4th 790 [132 Cal. The landlord cannot collect both a dishonored check fee and a service charge. Kim (2003) 107 Cal.) late fees must be reasonably related to the costs that your landlord faces as a result of your rent payment being late.
fee. it probably is valid. Advance disclosure of the amount of the service charge is a nearly universal practice. 111 Civil Code Section 1719(a)(1).2d 406] (liquidated damages provision unenforceable because it bore no reasonable relationship to range of actual damages parties could have anticipated). if you can’t pay the full amount on time.Rptr. 112 Code of Civil Procedure Section 1161 paragraph 2. the lease or rental agreement must authorize the fee. you can use the canceled check as a receipt. and if the tenant has been responsible in other ways. you will have to pay it if your rent payment is late. under California’s “bad check” statute.
30
. you should ask your landlord for a signed and dated receipt. legally. (A dishonored check is often called a “bounced” or “nsF” or “returned” check. however. the law allows your landlord to take the partial payment and still give you an eviction notice. A properly set late fee is legally valid. and if the landlord insists.111
Late fees and dishonored check fees
A landlord can charge a late fee to a tenant who doesn’t pay rent on time.3d 175] (late fee invalid because landlord failed to establish that damages for late payment of rent were extremely difficult to fix). and you’re going to be late for the first time paying your rent? if you have a good reason for being late (for example. however. ask the landlord to justify it (for example. a reasonable returned check fee would be the amount that the bank charges the landlord.109 if you pay with a check. the service charge can be up to $25 for the first check that is returned for insufficient funds. in terms of administrative costs for processing the payment late). LLC v. however.App.Rptr. and the amount of the fee must be reasonable. a late fee that is so high that it amounts to a penalty is not legally valid. however. the landlord also can charge the tenant a fee if the tenant’s check for the rent (or any other payment) is dishonored by the tenant’s bank. plus the landlord’s reasonable costs because the check was returned. (Civil Code Section 1719). your paycheck was late). some landlords will waive (forgive) the late fee if there is a good reason for the rent being late. in some communities.112
109 Civil Code Section 1499. late fees are limited by local rent control ordinances. The landlord loses the right to collect the service charge if the landlord seeks the treble damages that are authorized by the “bad check” law. you are entitled to a written receipt whenever you pay your rent.obtaining receipts for rent payments
if you pay your rent in cash or with a money order. Casimiro (2004) 121 Cal. explain this to your landlord. 110 See Harbor Island Holdings. but is not explicitly required by Section 1719. 7 [17 Cal. you may want to offer to pay part of the rent.

the amount of any late fee that is due. and the landlord’s agreement not to evict you if you pay the amount due by that date. Longer notice periods apply if required. (For example. such an agreement is legally binding. and how much of a security deposit you have paid already. pages 24–26. (see “proper service of notices. if you have a lease. the written notice tells you how much the increased rent is and when the increase goes into effect. regulation or contract. and you should keep a copy. if the amount that you have already paid as a security deposit equals two times the current monthly rent (for an unfurnished unit) or three times the current monthly rent (for a furnished unit). the landlord must give you proper notice before increasing the security deposit.) Tenants in Section 8 housing must be given at least 30 days’ written notice of a greater-than-10-percent rent increase if the increase is caused by a change in the tenant’s income or family composition. but the landlord must give you proper advance notice in writing. then your landlord can’t increase the security deposit. your landlord must give you at least 30 days’ advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. as determined by the local housing authority’s recertification. the date by which the rest of the rent must be paid. in a periodic rental agreement (for example. 30 days’ advance written notice normally is required in a month-tomonth rental agreement.) the landlord normally cannot require that you pay the security deposit increase in cash. no matter what the rental agreement says. your rent cannot be increased during the term of the lease. unless the lease allows rent increases.)
reNt iNcreaSeS How often can rent be raised?
if you have a lease for more than 30 days.if your landlord is willing to accept a partial rent payment and give you extra time to pay the balance. (Civil Code Section 827(b)(3)). it’s important that you and the landlord agree on the details in writing. you need to know the lowest rent that your landlord charged you during the preceding 12 months.” page 71. California law guarantees you at least 30 days’ advance written notice of a rent increase if you have a month-to-month (or shorter) periodic rental agreement. Your landlord must give you at least 60 days’ advance notice if the rent increase is greater than 10 percent.) however. if you have a periodic rental agreement.
113
Civil Code Section 827(b). (see the discussion of the limits on security deposits.) local rent control ordinances may also limit increases in security deposits.
the landlord must give you proper advance written notice of any increase in the security deposit. (Civil Code Section 827(c). and the total of the new increase and all other increases during that period.113 in order to calculate the percentage of the rent increase. a month-to-month agreement). under the law. the landlord can increase the security deposit unless this is prohibited by the agreement. both you and the landlord should sign the agreement.
31
.
SecUritY dePoSit iNcreaSeS
Whether the landlord can increase the amount of the security deposit after you move in depends on what the lease or rental agreement says. the written agreement should state the amount of rent that you have paid. by statute. your landlord can increase your rent. the security deposit cannot be increased unless increases are permitted by the terms of the lease. (see page 29. for example.

10 $50 $75 is more than $50 amount of rent increase compared to 10% of rent
Your landlord therefore must give you at least 60 days’ advance written notice of the rent increase. your landlord wants to increase your rent $75 to $575 beginning this June 1. as just explained.
Your landlord therefore must give you at least 60 days’ advance written notice of the rent increase. however. and that your landlord raised your rent $25 to $500 last november. local rent control ordinances may impose additional requirements on the landlord.
114
Civil Code Section 827(b)(1)(A). 30 days’ notice required: suppose that your rent was $500 last June 1. the rent increase takes effect in 30 or 60 days.10 $47. if you live in government-financed housing. increases in rent for government-financed housing usually are restricted.examples: Assume that your current rent is $500 per month due on the first of the month and that your landlord wants to increase your rent $50 to $550 beginning this June 1.10 $50 $50 is the same as $50 amount of rent increase compared to 10% of rent
now suppose that your rent was $500 last June 1.50 compared to 10% of rent
rent increase. but that instead of increasing your rent $50. to see how much notice your landlord must give you. here’s how to calculate the percentage of the rent increase and the amount of notice that the landlord must give you:
10% of rent last June 1 $500 rent x .
32
. count back 12 months to last June. in the case of a periodic rental agreement. and the increase cannot be retaliatory (see pages 79–80).
Your landlord therefore must give you at least 30 days’ advance written notice of the rent increase. here’s how to calculate the percentage of the rent increase and the amount of notice that the landlord must give you:
10% of rent last June 1 $475 rent x . the landlord can deliver a copy of the notice to you personally. 60 days’ notice required: suppose that your rent was $475 last June 1.114 in this case. here’s how to calculate the percentage of the rent increase and the amount of notice that the landlord must give you:
10% of rent last June 1 $500 rent x . the landlord must give proper advance written notice of the increase. notice and effective date
A landlord’s notice of rent increase must be in writing.50 amount of rent increase $25 +$50 $75 is more than $47. normally. the landlord can increase the rent as often as the landlord likes. check with the local public housing authority to find out whether there are any restrictions on rent increases.

• date that the notice of rent increase is
delivered to the tenant personally: April 15 (that is. For example:
WHeN caN tHe LaNdLord eNter tHe reNtaL UNit?
California law states that a landlord can enter a rental unit only for the following reasons:
• in an emergency. in this case. the landlord would have to give you at least 65 days’ notice from the date of mailing. of course. 15 days at the new rent of $550).
example of a rent increase
Most notices of rent increase state that the increase will go into effect at the beginning of the rental period. if the increase in the rent becomes effective in the middle of the rental period.
day of the month to the last day of the month.(3). since the notice of rent increase became effective in the middle of the month. or other improvements. • When the tenant has moved out or has
abandoned the rental unit. the middle of the month). plus $275 for the last half of May (that is. pages 55–58). and $550 rent on June 1. • Rent increase: $50 (from $500 to $550) per
month (a 10 percent increase). a landlord who wishes to increase the rent by 10 percent or less in a month-to-month rental effective on october 1 must make sure that notice of the increase is delivered to the tenant personally by september 1 or mailed to the tenant by August 27. the tenant would pay $500 rent on May 1. on May 15. the total rent for May that is due on May 1 would be $525. however. if the rent increase is more than 10 percent. the tenant would pay $250 for the first half of May (that is. a landlord can make the increase effective at any time in the month if proper advance notice is given. effect: May 15. the landlord could deliver a notice of rent increase on April 15 which states that the rent increase takes effect on June 1. looking at it another way. the landlord is entitled to receive the increased rent for only the last half of the rental period. purchasers. or to conduct an initial inspection before the end of the tenancy (see initial inspection sidebar. from the first
repairs. alterations. decorations.115
if the landlord delivers the notice on April 15.the landlord also can give you a notice of rent increase by first class mail. the landlord must give you an additional five days’ advance notice of the rent increase if the landlord mails the notice. or lenders. the landlord would have to give you at least 35 days’ notice from the date of mailing if the rent increase is 10 percent or less.
• to show the rental unit to prospective tenants. to provide entry to contractors or workers who are to perform work on the unit.
• earliest date that the rent increase can take
115
Civil Code Section 827(b)(1)(B)(2). in that case. the landlord is entitled to only one-half of the increase in the rent during May. For example.
33
. the landlord is entitled to the increased rent beginning on May 15. on May 1.
• to make necessary or agreed-upon
• Rental period: month-to-month.
• Rent: $500 per month. with proper postage. therefore. 15 days at the old rent of $500). the landlord must mail a copy of the notice to you. addressed to you at the rental unit. the increase becomes effective 30 days later.

• the tenant and landlord have agreed that the
landlord will make repairs or supply services. the landlord or the landlord’s agent may give the tenant notice orally. near or under the unit’s • Mail the notice to the tenant. and periodically after that to assure that the installation meets the law’s requirements. and can enter only during normal business hours (generally. or usual entry door in such a way that it is likely to be found. to inspect
• personally deliver the notice to the tenant. mailing at least six days before the intended entry is presumed to be reasonable. which must be within one week of the oral agreement.m. Bar 2009). this written notice must be given to the tenant within 120 days of the oral notice.3 (Cal.
34
. Civil Code Section 1954(d)(2). approximate time and purpose of entry. or
• leave the notice on. (e).119
the landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit.• if a court order permits the landlord to
enter. • the tenant has moved out or has abandoned
the rental unit. the agreement must include the date and approximate time of entry.116
• if the tenant has a waterbed. the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it.
• the tenant is present and consents to the
entry at the time of entry. advance written notice is not required under any of the following circumstances:
the law considers 24 hours’ advance written notice to be reasonable in most situations. the notice must state the date.(d)(1). 8 a. Civil Code Section 1940.5(f). unless the tenant consents to entry at a different
• to respond to an emergency. Civil Code Section 1954(d)(1). if the notice is mailed to the tenant. Ed. the landlord or agent may:
116 117 118 119 120 121 122
Civil Code Section 1954(a)(4).121 the tenant can consent to shorter notice and to entry at times other than during normal business hours. see Moskovitz et al. to 5 p.118 however. or • leave the notice at the rental unit with a
the installation of the waterbed when the installation has been completed.120
the landlord or the landlord’s agent must give the tenant reasonable advance notice in writing before entering the unit. California Landlord-Tenant Practice. Section 3. a roommate or a teenage member of the tenant’s household). in that case. the oral notice must state the date. on weekdays). before oral notice can be given. Civil Code Section 1954(b). either in person or by telephone. approximate time and purpose of entry.. Civil Code Section 1954(d).117
person of suitable age and discretion (for example. special rules apply if the purpose of the entry is to show the rental to a purchaser. in most situations. however. Civil Code Section 1954(d)(1).m. the law considers 24 hours’ notice to be reasonable in most situations.122 the landlord or agent may enter only during normal business hours. and have agreed orally that the landlord may enter to make the repairs or supply the services. Cont.

123 When the landlord or agent enters the rental. For example. for the
123 124 125 126 127
Civil Code Section 1954(b). or may need help paying the rent. a tenant with a lease may need to move out before the lease ends. in these situations. in the first situation. you may be a college student who leaves the campus area for the summer and returns in the fall. the subtenant agrees to make payments to you.time. the original tenant is still responsible for paying the rent to the landlord.2(a)(4). and may want help paying the rent. or file suit in small claims court to recover damages that you have suffered due to the landlord’s misconduct. send the landlord a formal letter asking the landlord to strictly observe the access rules stated above.127
summer). in the second situation. even if your rental agreement doesn’t contain a provision that prohibits you from subleasing or assigning.000 for each violation. the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit.126 if your landlord violates these access rules. he or she must leave written evidence of entry.2(b). You may want to sublease to a subtenant who will agree to use the rental unit only for that period of time.124 the landlord cannot abuse the right of access allowed by these rules.
Subleases
A sublease is a separate rental agreement between the original tenant and a new tenant who moves in temporarily (for example. you may have a larger apartment or house than you need. subleases and assignments usually don’t work out smoothly unless everyone has agreed in advance. you must get your landlord’s permission before you sublease or assign the rental unit.” With a sublease. and functions as a landlord to the subtenant. under a sublease agreement. Civil Code Section 1954(d)(2).
35
. if the landlord’s violation of these rules was significant and intentional.125 Also. you can sue the landlord in small claims court for a civil penalty of up to $2. the tenant cannot sublease the rental unit or assign the lease unless the terms of the lease allow the tenant to do so. you can talk to an attorney or a legal aid organization. this kind of provision allows the landlord to control who rents the rental unit. if that is not successful in stopping the landlord’s misconduct. it’s wise to discuss your plans with your landlord in advance. such as a business card. if the landlord continues to violate these rules. however. or who moves in with the original tenant and shares the rent. Civil Code Section 1940. you may want to leave the rental unit for a certain period and return to it later. or use this right of access to harass (repeatedly disturb) the tenant. Civil Code Section 1954(c). the tenant may want to sublease the rental unit or assign the lease to another tenant. and the landlord’s purpose was to influence you to move from the rental unit. You might use a sublease in two situations. talk to the landlord about your concerns. you want to rent a room to someone. the subtenant has no direct
SUBLeaSeS aNd aSSigNmeNtS
sometimes. the new tenant is called a “subtenant. not to the landlord. Civil Code Section 1940. Any sublease agreement between a tenant and a subtenant should be in writing. therefore. Most rental agreements and leases contain a provision that prohibits (prevents) tenants from subleasing or assigning rental units. the agreement between the original tenant and the landlord remains in force. if your rental agreement or lease prohibits subleases or assignments.

so that your obligations under the lease will be fully performed by the subtenant. the tenant is still responsible for the rental unit unless there is a written agreement (a novation) that states otherwise. where the subtenant is to send the rent.128 in order for the original tenant to avoid this responsibility. the subtenant has no greater rights than you do as the original tenant. 704. then the subtenant cannot have a pet.Rptr. For example. so does the subtenant. only to you. think carefully about whom you let live in the rental unit. For example. it’s also important that the sublease agreement be consistent with the lease. for damage to the rental unit. “habitable” means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety. For this reason. if that is what you and the subtenant have agreed on. and the new tenant all must agree that the new tenant will be solely responsible to the landlord under the assignment. remember: even if the landlord agrees to a sublease or assignment. who is responsible for paying the utilities (typically. water. Green v. in legal terms. gas. this agreement is called a novation. and should be in writing. the original tenant.
assignments
An assignment is a transfer of your rights as a tenant to someone else. to help avoid disputes between you and the subtenant. or damages the rental unit. 719]. if your rental agreement does not allow you to have a pet. it must be habitable. if the new tenant doesn’t pay rent. in any sublease situation. and telephone). this understanding should be put in the form of a written sublease agreement that both you and the subtenant sign. an assignment is a contract between the original tenant and the new tenant (not the landlord).3d 616. if you have a month-to-month rental agreement. an assignment differs from a sublease in one important way. problems sometimes do arise. the new tenant is directly responsible to the landlord for the
rePairS aNd HaBitaBiLitY
A rental unit must be fit to live in. 1941. Superior Court (1974) 10 Cal.
dealIng wItH ProBleMs
Most landlord-tenant relationships go smoothly. and any conditions of care and use of the rental unit and your possessions. however. an assignment does not relieve the original tenant of his or her legal obligations to the landlord. 637-638 [111 Cal. a list of any possessions that you are leaving in the rental unit.
payment of rent. trash. electric.1. if the new tenant accepts the assignment. it’s essential that both you and the subtenant have a clear understanding of both of your obligations. You might use an assignment if you have a lease and need to move permanently before the lease ends. the dates that the agreement begins and ends. like a sublease. the landlord. and so on. Civil Code Sections 1941. that is.responsibility to the landlord. nevertheless. the original tenant remains legally responsible to the landlord.
36
. the sublease agreement should include things like the amount and due date of the rent.129
128 129
Civil Code Section 822. however. what if the rental unit’s furnace goes out in the middle of the winter? What happens if the landlord sells the building or decides to convert it into condominiums? this section discusses these and other possible issues and problems in the landlord-tenant relationship.

Rptr.132 however. while the unit is being rented.Rptr. or welfare of the occupants or the public. tenants must act to keep those areas clean and undamaged. Hinson v. the implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the “occupation of human beings. a landlord must make the unit fit to live in.2.
conditions that make a rental unit legally uninhabitable
there are many kinds of defects that could make a rental unit unlivable. the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. as well as common areas such as hallways and outside areas.3d 616 [111 Cal.California law makes landlords and tenants each responsible for certain kinds of repairs. 704]. 718-719]. Green v.130 which held that all residential leases and rental agreements contain an implied warranty of habitability.
tenant’s responsibility for repairs
tenants are required by law to take reasonable care of their rental units. Delis (1972) 26 Cal. Superior Court (1974) 10 Cal.3d 62 [102 Cal. the landlord also must do maintenance work which is necessary to keep the rental unit liveable. Superior Court (1974) 10 Cal. Additionally.1 paragraph 1.App. Green v. 704]. 704]. property.Rptr.10. Civil Code Section 1941.” the landlord is legally responsible for repairing conditions that seriously affect the rental unit’s habitability.135 tenants’ responsibilities for care and repair of the rental unit are discussed in detail on pages 39–40.
37
. Superior Court (1974) 10 Cal. superior Court.
Landlord’s responsibility for repairs
before renting a rental unit to a tenant.133 Generally. or uninhabitable. Superior Court (1974) 10 Cal.Rptr. Civil Code Sections 1929.138
130 131 132 133 134 135 136 137 138
Green v. such as family.131 that is. the landlord must repair problems that make the rental unit unfit to live in. for example. life. a structural hazard. Health and Safety Code Sections 17920.Rptr.”136 in addition.2. 637-638 [111 Cal. although landlords ultimately are legally responsible for assuring that their rental units are habitable. and for repair of damage caused by anyone for whom they are responsible. guests. 704].
the law is very specific as to what kinds of conditions make a rental uninhabitable.3d 616. safety. the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant’s family. under the “implied warranty of habitability.3d 616 [111 Cal. 704. tenants also are responsible for repair of all damage that results from their neglect or abuse. or pets. Civil Code Section 1941. called Green v. the landlord has this duty to repair because of a California supreme Court case. inadequate sanitation.3d 616 [111 Cal.Rptr. Civil Code Sections 1929. Superior Court (1974) 10 Cal.3. or habitable. 17920. or is a substandard building because. 1941.134 Whether the landlord or the tenant is responsible for making less serious repairs is usually determined by the rental agreement. these are discussed in the following pages. Green v. Green v.3d 616 [111 Cal.137 A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public. 1941. or pets. or a nuisance endangers the health. guests. the rental unit must “substantially comply” with building and housing code standards that materially affect tenants’ health and safety. 661].

• effective waterproofing and weather protection
of roof and exterior walls.5-3:21. Health and Safety Code 13113. stairs. Apartment complexes also must have smoke detectors in common stairwells.
• A kitchen with a sink that cannot be made of
the implied warranty of habitability is not violated merely because the rental unit is not in perfect.7. hallways. See California Practice Guide. Health and Safety Code Sections 17900-17995. grounds. filth.141 multi-unit buildings. garbage.A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139
• natural lighting in every room through windows
or skylights. connected to a sewage disposal system.
• safe fire or emergency exits leading to a street
or hallway. California Landlord’s Law Book: Rights and Responsibilities. the mail box
must be consistent with the united states postal service standards for apartment housing mail boxes. 143
• Adequate trash receptacles in good repair. and operable locking or security devices on windows. • An electric system. wiring.3. storage areas. rodents. Civil Code Section 1941. Health and Safety Code Sections 116049. and basements must be kept free of combustible materials.1.1. nor
139 140 141 142 143 144
Civil Code Section 1941. and
appurtenances (for example.
• operable dead bolt locks on the main entr y • Working smoke detectors in all units of
doors of rental units.1(i). and exits must be kept litter-free. including unbroken windows and doors. and bathtub or
shower. Windows in each room must be able to open at least halfway for ventilation.3(c). each rental unit must have all of the following:
• Ground fault circuit interrupters for swimming
pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences). Health and Safety Code Section 17958. page 186 (NOLO Press 2009). garages. Remedies for violation of these requirements are listed at Civil Code Section 1941.
including hot and cold running water. and railings in good repair. • heating facilities in good working order. the toilet and bathtub or shower must be in a room which is ventilated and allows privacy. an absorbent material such as wood. in good working order.3.10 (Rutter Group 2009).140
• plumbing facilities in good working order. stairways. including lighting. aesthetically pleasing condition. 116064. Paragraphs 3:21. free from debris. a garden or a detached garage).
• A locking mail box for each unit.
in addition to these requirements. Landlord-Tenant. such as duplexes and apartment complexes. Civil Code Section 1941. and vermin. See this section for additional details and exemptions.142
• Clean and sanitary buildings.
38
.
and equipment. wash basin.144
• A working toilet. rubbish.
• Gas facilities in good working order. unless a fan provides mechanical ventilation. • Floors.

or allow anyone else to do so. or deface the premises.2(a)(5). if the tenant fails to do one of these required things.. Hinson v. (examples of improper use include overloading electrical outlets. a landlord may agree in writing to clean the rental unit and dispose of the trash. Civil Code Section 1941.145 While it is the landlord’s responsibility to install and maintain the inside wiring for one telephone jack.149
however. Section 3. and allowing any gas. or plumbing fixture to become filthy.2(b). and not as a kitchen. Delis (1972) 26 Cal. effective January 1. which. a landlord may not be legally required to repair the condition if the tenant has not fulfilled the tenant’s own responsibilities. the second follows from a new law that imposes obligations on a property owner who is notified by a local health officer that the property is contaminated by methamphetamine.3(b). do not affect habitability.
• not remove any part of the structure.46. flushing large.10 (Rutter Group 2009).
• notify the landlord when dead bolt locks and
window locks or security devices don’t operate properly.150 if a tenant violates these requirements in some minor way. in addition to generally requiring a tenant to take reasonable care of the rental unit and common areas (see page 37). Paragraph 3:21. the bedroom must be used as a bedroom. Civil Code Section 1941.) sanitary manner. 637-638 [111 Cal. the first is the presence of mold conditions in the rental unit that affect the livability of the unit or the health and safety of tenants. Superior Court (1974) 10 Cal. 70 [102 Cal. and may be prosecuted for violating housing code standards. and the tenant’s failure has either substantially caused an unlivable condition to occur or has substantially interfered with the
145 146 147 148 149 150
Green v. and plumbing
fixtures properly. electrical. Bar 2009). Cont. See California Practice Guide. California Landlord-Tenant Practice. see Health and Safety Code Sections 25400. facilities.3d 616.Rptr.”
• use and operate gas. electrical. the law lists specific things that a tenant must do to keep the rental unit liveable. 718-719]. and use
Limitations on landlord’s duty to keep the rental unit habitable
even if a rental unit is unlivable because of one of the conditions listed above.3d 62. Public Utilities Code Section 788. (see page 23. 661. standing alone. it is unclear whether the landlord’s failure to do so is a breach of the implied warranty of habitability. Civil Code Section 1941.is the implied warranty of habitability violated if there are minor housing code violations.147
tenants must do all of the following:
• Keep the premises “as clean and sanitary as
the condition of the premises permits. For example. Civil Code Section 1941. the landlord is still responsible for providing a habitable dwelling.) this reference book suggests that a tenant who is damaged by this kind of documented contamination may be able to claim a breach of the implied warranty of habitability.4. 2006. damage. 666].App.
• dispose of trash and garbage in a clean and • not destroy. the rooms for their intended purposes.148
• use the premises as a place to live. Ed. equipment. or allow anyone else to do so.Rptr. foreign objects down the toilet.
39
. Landlord-Tenant. or appurtenances. Moskovitz et al.10-25400.11B (Cal. 704.146 An authoritative reference book suggests two additional ways in which the implied warranty of habitability may be violated. dwelling
unit.

the tenant should date the letter and keep a copy to show that notice was given and what it said. clean. or some other evidence that the notice was delivered. the tenant (or a friend) may personally deliver the notice to the landlord. it’s best for the tenant to notify the landlord of damage or defects by both a telephone call and a letter. (see “Giving the landlord notice. a tenant cannot withhold rent or has no action against the landlord for violating the implied warranty of habitability if the tenant has failed to meet these requirements. since rental units typically are business investments for landlords. the tenant may have one of several
responsibility for other kinds of repairs
As for less serious repairs. or swimming pools. these agreements to repair are usually enforceable in accordance with the intent of the parties to the rental agreement or lease. and doesn’t have a good reason for not doing so. (see pages 45–46. 1942(c). Warner and Portman. Portman and Brown. the tenant should keep a copy of the notice and the receipt.1. see Brown. Vol. parking places. page 30 (NOLO Press 2007). California Tenants’ Rights. the rental agreement or lease may require either the tenant or the landlord to fix a particular item.151 however.154 such an agreement must be made in good faith: there must be a real reduction in the rent. items covered by such an agreement might include refrigerators. or. The California Landlord’s Law Book. and the tenant must intend and be able to make all the necessary repairs.153
tenant’s agreement to make repairs
the landlord and the tenant may agree in the rental agreement or lease that the tenant will perform all repairs and maintenance in exchange for lower rent. Civil Code Section 1942.) if the landlord doesn’t make the requested repairs.
40
. pages 188-189 (NOLO Press 2009). attractive. the tenant should specifically describe the damage or defects and the required repairs in both the phone call and the letter. Regardless of any such agreement.) the tenant should send the letter to the landlord. the landlord does not have to repair the condition. these items are usually considered “amenities. I: Rights & Responsibilities. but is a very good idea. sending the notice by certified mail is not required by law. most landlords want to keep them safe. washing machines. if the tenant gives notice to the landlord by e-mail or fax. manager. Civil Code Section 1929.2(a). Portman and Brown. When negotiating the agreement. California Tenants’ Rights. the landlord is responsible for maintaining the property as required by state and local housing codes. page 20 (NOLO Press 2007).155
151 152 153 154 155
Civil Code Section 1941.” pages 45–46. and that the landlord is responsible for the repairs under the implied warranty of habitability. and in good repair. the tenant should follow up with a letter. the tenant should consider whether he or she wants to try to negotiate a cap on the amount that he or she can be required to spend making repairs. manager.” and their absence does not make a dwelling unit unfit for living.landlord’s ability to repair the condition. or agent by certified mail with return receipt requested. or agent and ask for a receipt to show that the notice was received.152
HaViNg rePairS made
if a tenant believes that his or her rental unit needs repairs. the tenant should notify the landlord.

the tenant must inform the landlord. pages 189-190 (NOLO Press 2009). the tenant should keep all receipts for the repairs. the tenant or the tenant’s family.156 this remedy covers substandard conditions that affect the tenant’s health and safety. so the tenant should use them carefully. either orally or in writing.
for the tenant to give the landlord a written notice that explains why the tenant hasn’t paid the full amount of the rent.158 2. I: Rights & Responsibilities.
the “repair and deduct” remedy
the “repair and deduct” remedy allows a tenant to deduct money from the rent. legal aid organization. Warner and Portman. The California Landlord’s Law Book. the tenant may then deduct the cost of the repairs from the rent when it is due. no hot running water. California Practice Guide. the repair and deduct remedy allows a tenant to make needed repairs of serious conditions without filing a lawsuit against the landlord. (see “Giving the landlord notice.
5. in that event. 3. For example.
41
. Paragraphs 3:115-3:116 (Rutter Group 2009). the defects must be serious and directly related to the tenant’s health and safety.” pages 45–46. these remedies are discussed in the rest of this section. the basic requirements and steps for using the repair and deduct remedy are as follows: 1. or didn’t give the landlord proper advance notice or a reasonable
156 157 158
Civil Code Section 1942. the tenant should keep a copy of this notice. of the repairs that are needed. guests. or tenants’ association before proceeding. two days may be considered reasonable (assuming that a qualified repair person is available within that time period).
• it’s a good idea. because this remedy involves legal technicalities. if the landlord doesn’t make the repairs within a reasonable period of time. depending on the situation.) examples might include a leak in the roof during the rainy season. or pets must not have caused the defects that require repair.
risks: the defects may not be serious enough to justify using the repair and deduct remedy. depending on the seriousness of the repairs.157 (see discussion of the implied warranty of habitability. pages 36–39. 4. the law usually considers 30 days to be reasonable. the repairs cannot cost more than one month’s rent.
• What is a reasonable period of time? this
depends on the defects and the types of repairs that are needed. the tenant must give the landlord a reasonable period of time to make the needed repairs.
7. if the furnace is broken and it’s very cold outdoors. the tenant may either make the repairs or hire someone to do them. it’s a good idea for the tenant to talk to a lawyer. or can file an eviction action based on the nonpayment of rent. to pay for repair of defects in the rental unit. Landlord-Tenant.remedies. up to the amount of one month’s rent. the tenant cannot use the repair and deduct remedy more than twice in any 12-month period. or a gas leak. the landlord can sue the tenant to recover the money deducted from the rent. As a practical matter. Vol. Brown.) 6. but a shorter period may be considered reasonable. if the tenant deducted money for repairs not covered by the remedy. and that substantially breach the implied warranty of habitability. Each of these remedies has its own risks and requirements. but not a legal requirement.

Brown.” pages 45–46. Landlord-Tenant.
for the tenant to give the landlord written notice of the tenant’s reasons for moving out. the rental unit must have substandard conditions that affect the tenant’s health and safety. the tenant’s letter may discourage the landlord from suing the tenant to
159 160 161 162 163 164
Civil Code Section 1942. or can order that the eviction proceed. 3:126 (Rutter Group 2009).time to make repairs. 3. For example. the law prohibits this type of eviction.5(a). Landlord-Tenant. this kind of action is known as a “retaliatory eviction” (see pages 79–80). a reasonable period might be as little as one or two days. Civil Code Section 1942. the tenant is not responsible for paying further rent once he or she has abandoned the rental unit. the tenant should notify the landlord in writing of the tenant’s reasons for moving and then actually move out.
5.
42
. or pets must not have caused the defects that require repair. but not a legal requirement. the tenant should keep a copy of the notice. Civil Code Section 1942.160 but this is not a requirement of the remedy.
• it’s a good idea. of the repairs that are needed.) 4. the law usually considers 30 days to be reasonable. the tenant must inform the landlord. Paragraph 3:115-3:116. the court can order the tenant to pay the full rent even though the tenant paid for the repairs. California Practice Guide. guests. depending on the circumstances. the defects must be serious and directly related to the tenant’s health and safety. the tenant or the tenant’s family. The California Landlord’s Law Book. A tenant might use the abandonment remedy where the defects would cost more than one month’s rent to repair.163 the basic requirements and steps for lawfully abandoning a rental unit are: 1.” pages 45--46.162 (see discussion of the implied warranty of habitability. if tree roots block the main sewer drain and none of the toilets or drains work. the notice should be mailed or delivered as explained in “Giving the landlord notice. page 189 (NOLO Press 2009). and that substantially breach the implied warranty of habitability. the tenant should return all the rental unit’s keys to the landlord.159
2. the landlord may try to evict the tenant or raise the rent because the tenant used the repair and deduct remedy. the tenant must give the landlord a reasonable period of time to make the needed repairs. Paragraph 3:127 (Rutter Group 2009). Warner and Portman. California Practice Guide. Vol. either orally or in writing. with some limitations.
the “abandonment” remedy
instead of using the repair and deduct remedy.164
• What is a reasonable period of time?
this depends on the defects and the types of repairs that are needed. the abandonment remedy has most of the same requirements and basic steps as the repair and deduct remedy. this remedy is called the “abandonment” remedy. but a shorter period may be considered reasonable. (see “Giving the landlord notice. I: Rights & Responsibilities. if the landlord doesn’t make the repairs within a reasonable period of time.) if the tenant uses this remedy properly. a tenant can abandon (move out of) a defective rental unit. pages 37–39.161 in order to use the abandonment remedy.

the tenant should take photographs or a video of the defective conditions or have local health or building officials inspect the rental unit before moving.collect additional rent or other damages. in order to prove a violation of the implied warranty of habitability. 62 [117 Cal.166 the defects that were serious enough to justify withholding rent in Green v.
• Collapse and nonrepair of the bathroom
ceiling.3d 616 [111 Cal. The California Landlord’s Law Book. the tenant should keep a copy of the written notice and any inspection reports and photographs or videos. the defects that would justify rent withholding may be different. the defects must be substantial—they must be serious ones that threaten the tenant’s health or safety. before the tenant withholds rent. Warner and Portman. A written notice also documents the tenant’s reasons for moving. 704]. by law. and
cockroaches. Tedesco (2002) 96 Cal. For example. superior Court167 are listed below as examples:
• the defects must be serious enough to
make the rental unit uninhabitable. all of these defects were present. Brown. see the defects described in the discussion of the Green case above.165 (see discussion of the implied warranty of habitability. Green v. The California Landlord’s Law Book. Warner and Portman. but the defects would still have to be serious ones that threaten the tenant’s health or safety.
2. Vol. or tenant program to help determine if rent withholding is the appropriate remedy.168
the “rent withholding” remedy
A tenant may have another option for getting repairs made—the “rent withholding” remedy. or pets must not have caused the defects that require repair. • An illegally installed and dangerous stove.Rptr. Superior Court (1974) 10 Cal. I: Rights & Responsibilities.App.
• Continued presence of rats. risks: the defects may not affect the tenant’s health and safety seriously enough to justify using the remedy. See Hyatt v.
• lack of any heat in four of the apartment’s
rooms. it is helpful to have photographs or videos. the tenant will need evidence of the defects that require repair. a tenant is allowed to withhold (stop paying) some or all of the rent if the landlord does not fix serious defects that violate the implied warranty of habitability. I: Rights & Responsibilities. in the event of a court action. it is a good idea to check with a legal aid organization. 704]. the basic requirements and steps for using the rent withholding remedy are: 1. Brown. witnesses. pages 36–39. and copies of letters informing the landlord of the problem.3d 616 [111 Cal. the defects or the repairs that are needed must threaten the tenant’s health or safety.2d 921] for additional examples of substantial defects that violated the implied warranty of habitability.Rptr. the defects or repairs that are needed must be more serious than would justify use of the repair and deduct and abandonment remedies.
165 166 167 168
Green v.4th Supp.
• plumbing blockages. housing clinic. guests. • exposed and faulty wiring.
in the Green case. lawyer. or the tenant’s family. if possible. and there also were many violations of the local housing and building codes. page 190 (NOLO Press 2009).Rptr. Vol. the tenant.
43
. the landlord may sue the tenant to collect additional rent or damages. Superior Court (1974) 10 Cal. mice. pages 190-191 (NOLO Press 2009).) in order for the tenant to withhold rent. which may be helpful in the event of a later lawsuit. in other situations.

the tenant will have to pay the rent ordered by the court five days (or less) from the date of the court’s judgment. as explained under “Risks” on page 45. Vol. reasonable value of rental unit: the value of the rental unit in its defective state is determined. Warner and Portman. putting the withheld rent money in an escrow account proves to the court that the tenant didn’t withhold rent just to avoid paying rent. but is a very good thing to do for three reasons. and explain why. Judges rarely excuse payment of all rent. the tenant must give the landlord a reasonable period of time to make the repairs.169
169
See discussion in Brown. First. if the landlord doesn’t make the repairs within a reasonable period of time. third.
• if the tenant withholds rent. judges in rent withholding cases often use one of the following methods. depositing the withheld rent money in an escrow account assures that the tenant will have the money to pay any “reasonable rent” that the court orders.) 4. the tenant and the landlord will be able to agree on the amount of rent that is
• how much rent can the tenant withhold?
While the law does not provide a clear test for determining how much rent is reasonable for the tenant to withhold. the judge usually will require the tenant to pay the landlord some reduced rent based on the value of the rental unit with all of its defects. the tenant could withhold 25 percent of the rent. sometimes. and California Practice Guide. the tenant must inform the landlord either orally or in writing of the repairs that are needed. For example.3. the tenant should save the withheld rent money and not spend it.
Percentage reduction in rent: the percentage of the rental unit that is uninhabitable is determined. the tenant can withhold some or all of the rent. Most courts use this method. and the rent is reduced by that amount. The California Landlord’s Law Book. the tenant
• What is a reasonable period of time? this
depends on the defects and the type of repairs that are needed. (see “Giving the landlord notice. second. Paragraph 3:140-3:142 (Rutter Group 2009). and the tenant withholds that amount. the tenant would have to pay the remaining 75 percent of the rent. if one of a rental unit’s four rooms is uninhabitable. the tenant should expect to have to pay the landlord some or all of the withheld rent. these methods are offered as examples.
depositing the withheld rent money in an escrow account is not required by law. the tenant should notify the landlord in writing that the withheld rent money has been deposited in the escrow account.
44
.” pages 45–46.
should put the withheld rent money into a special bank account (called an escrow account).
6. Landlord-Tenant. if there is a court hearing. pages 137-138 (NOLO Press 2009). page 191 (NOLO Press 2009). 5. rent withholding cases often wind up in court. the tenant should bring rental receipts or other evidence to show that he or she has been reliable in paying rent in the past. California Tenants’ Rights. most legal aid organizations and lawyers will not represent a tenant who has not deposited the withheld rent money in an escrow account. Portman and Brown. the tenant would have to pay the difference between the rental unit’s fair market value (usually the rent stated in the rental agreement or lease) and the rental unit’s value in its defective state. the tenant can continue to withhold the rent until the landlord makes the repairs. I: Rights & Responsibilities.

the landlord will probably go to court to evict the tenant. Ed. and the tenant probably will be evicted. Civil Code Section 1942.172
giving the landlord notice
Whenever a tenant gives the landlord notice of the tenant’s intention to repair and deduct. but is a very good idea. the letter should describe in detail the problem and the repairs that are required. Bar 2009). or abandon the rental unit. (Civil Code Section 1942. Moskovitz. Cont. or agent by certified mail (return receipt requested). Ed. probably will be evicted. or. Whatever the method of delivery. and can be typed or handwritten. in the court action.) This presumption affects the burden of producing evidence. the notice should be in the form of a letter. if the tenant wins. and the tenant will be ordered to pay a reasonable rent. but doesn’t pay the amount of rent ordered when it is due. the tenant (or a friend) may personally deliver the notice to the landlord.
45
.171 the law prohibits retaliatory evictions. the tenant will have to prove that the landlord violated the implied warranty of habitability. withhold rent. the judge will enter a judgment for the landlord. if the tenant refuses to pay. Section 3. risks: the defects may not be serious enough to threaten the tenant’s health or safety.19 (Cal. or ask the landlord to date and sign (or initial) the tenant’s copy of the letter to show that the landlord received the notice. the dispute will have to be decided in court. the tenant should ask for a signed and dated receipt showing that the notice was received. manager. Section 16. the landlord may ignore the tenant’s notice of defective conditions and seek to remove the tenant by giving him or her a 30-day or 60-day notice to move. this may amount to a “retaliatory eviction” (see pages 79–80). or resolved in an arbitration or mediation proceeding (see page 82). it’s important that the tenant have proof that the landlord. or the landlord’s manager or agent. California Landlord-Tenant Practice. the letter should be sent to the landlord. California Eviction Defense Manual. the tenant should sign and date the letter and keep a copy.
170 171 172 173
Depending on the facts. with some limitations. sending the letter by certified mail is not required by law. if the tenant and the landlord can’t agree on a reasonable amount.5(a). there is another risk of using rent withholding: if the tenant doesn’t have a lease. the tenant may be entitled to a rebuttable presumption that the landlord has breached the implied warranty of habitability. it’s best to put the notice in writing. but do not mention e-mail or fax. received the notice. and may be ordered to pay the landlord’s attorney’s fees. See Civil Code Section 1942(a). if the tenant withholds rent. to be certain that the notice complies with the law. Cont. manager. if the tenant loses.13 (Cal. Bar 2008). Moskovitz. the tenant should follow up any e-mailed or faxed notice with a letter describing the damage or defects and the required repairs. the rent ordinarily must be paid five days or less from the date of the court’s judgment. the laws on repairs specify that the tenant may give the landlord notice orally or in writing. or agent.3.reasonable for the time when the rental unit needed repairs.173 the tenant might be tempted to send the notice to the landlord by e-mail or fax. he or she will have to pay the rent.170 if the tenant wins the case. the landlord will be ordered to make the repairs. the landlord may give the tenant an eviction notice (a three-day notice to pay the rent or leave).

39 (Cal.16.2. Sections 5. 2d 336]). 3d 628]. such as the cost of a motel room. One reference book cautions against a tenant litigating implied warranty of habitability issues in small claims court because collateral estoppel precludes an issue decided there from being relitigated. Golden Gateway Tenants Assoc. plus “special damages” in an amount ranging from $100 to $5. 5. what both parties said.000.4(b)(1). during each conversation or immediately after it. Rptr.180 For example.the copy of the letter and the receipt will be proof that the tenant notified the landlord. and could retain jurisdiction over the case until the roof is fixed. the court may award the tenant his or her actual damages. citing Pitzen v. A tenants’ association does not have a right under the California Constitution’s free speech clause to distribute its newsletter in a privately owned apartment complex.4(b)(2). (2001) 26 Cal. abandonment. the invited person cannot be held liable for trespass. Cont.176 this kind of lawsuit can be filed in small claims court or superior Court. (Golden Gateway Center v.4(a). A tenant has another option: filing a lawsuit against the landlord to recover money damages if the landlord does not repair serious defects in the rental unit in a timely manner. App.
tenant information
An occupant of residential property can invite another person onto the property during reasonable hours. the tenant should write down the date and time of the conversation. Civil Code Section 1942. and the date and time that the tenant made the notes.(c).
178 179 180
Civil Code Section 1942.179 the court also may order the landlord to abate (stop or eliminate) a nuisance and to repair any substandard condition that significantly affects the health and safety of the tenant. and also proof of what the notice said. it’s a good idea for the tenant to keep notes of any conversations and phone calls about the request for repairs. Civil Code Section 1942.177 the tenant can file this kind of lawsuit without first trying another remedy. 4th 1374 [16 Cal.
176 177
Civil Code Section 1942. Keep the copy of the letter and the receipt in case of a dispute with the landlord. court costs). California Landlord-Tenant Practice. if the tenant wins the lawsuit. Bar 2006). the landlord or agent may call the tenant to discuss the request for repairs or to schedule a time to make them. a court could order the landlord to repair a leaky roof. such as the repair and deduct remedy. to provide information about tenants’ rights or to participate in a tenants’ association or an association that advocates tenants’ rights. Code of Civil Procedure Section 1174. 4th 1013 [111 Cal. important: neither the tenant nor the landlord can tape record a telephone conversation without the other party’s permission. Arbitration and mediation are other methods of resolving disputes about the condition of a rental unit (see page 82). because the landlord did not repair defects in the rental unit..6. and rent withholding allow a tenant in a rental unit with serious habitability defects to take action against the landlord
174 175
Penal Code Section 632. Civil Code Section 1942. depending on the amount demanded in the suit. the party who wins the lawsuit is entitled to recover his or her costs of bringing the suit (for example. plus reasonable attorney’s fees as awarded by the court.174
without filing a lawsuit.4.175
Lawsuit for damages as a remedy
the remedies of repair and deduct. Moskovitz et al. Superior Court (2004) 120 Cal. or because of emergency circumstances.178 “special damages” are costs that the tenant incurs. Ed.
46
. Rptr.

and also the risks involved. property.3. and the court finds that the landlord has violated all of the five conditions listed in the bullets on this page. the tenant should contact the local city or county building department. or housing clinic in order to understand what the lawsuit is likely to accomplish. a structural hazard.
• if the landlord doesn’t make the repairs within
• A housing inspector has inspected the
• the housing inspector must inspect the • the housing inspector must give the landlord
or the landlord’s agent written notice of the repairs that are required. a reasonable time. guests. for example. also can be used defensively. or pets. and minimum requirements for habitability listed in the eight categories on page 38. or pets. all of the following conditions must be met:181
• the rental unit has a serious habitability
“Giving the landlord notice. 17920. or local housing agency and request an inspection. or premises and has given the landlord or the landlord’s agent written notice of the landlord’s obligation to repair the substandard conditions or abate the nuisance. and
• the notice should specifically describe the
defects and the repairs that are required. If the landlord brings an unlawful detainer action against the tenant based on nonpayment of rent. See Health & Safety Code Sections 17920. the substandard conditions (for example. or substantially lacks any of the a nuisance endangers the health. safety.
• the nuisance or substandard conditions
• the substandard conditions must continue
• the nuisance or substandard conditions were • the landlord collects or demands rent.4. guests.
• the notice should give the landlord a
reasonable period of time to make the repairs. which gives the tenant the right to sue the landlord as described in this section. legal aid organization. inadequate sanitation.” pages 45–46.
47
. lawyer. and not caused by the tenant or the tenant’s family. life. statements of witnesses.
defect.10. as determined by the court.4(a). that is. or issues a three-day notice to pay rent or quit (see pages 68–69) after all of the above conditions have been met.21). photographs or videos. Civil Code Section 1942. or serve a threeday notice to pay rent or quit. raise the rent.
• the tenant should discuss the case with a
to prepare for filing this kind of lawsuit.in order for a tenant to win such a lawsuit against the landlord. rental unit. the tenant should take all of these basic steps:
• the tenant should notify the landlord in writing
about the conditions that require repair. inspection reports) so that the tenant can prove his or her case in court.) the rental unit must have serious habitability defects that were not caused by the tenant’s family. or has been declared substandard because. health department.182
• the tenant should gather evidence of
a notice of rent increase. the rental unit contains a lead hazard that endangers the occupants or the public. and continue to exist 35 days after the housing inspector mailed the notice to the landlord or agent. and the landlord does not have good cause for failing to make the repairs. (Code of Civil Procedure Section 1174. the landlord then must collect or demand rent. the landlord is liable for the tenant’s attorneys fees and costs of suit. issues
to exist 35 days after the housing inspector mailed the notice to the landlord or landlord’s agent. or welfare of the occupants or the public. (see
181 182
Civil Code Section 1942. tenant program.

(b). Government Code Sections 66451. your lease will not be set aside by the foreclosure. the landlord also must receive final approval in the form of a public report issued by the state department of Real estate. 65091. Government Code Section 66427. the tenants must be able to exercise this right for at least 90 days following issuance of the department of Real estate’s public report. 2013.1(a).) the sale of the building doesn’t change the rights of the tenants to have their security deposits refunded when they move.
notice to quit before the tenant may be removed from the property.3. Affected tenants must receive notices at various stages of the application and approval process. if the tenant and the landlord agree.183 however. deletes or extends that date. 11018. Landlord-Tenant.) please see page 45 regarding legal requirements for notices. pages 63–65 discuss the landlord’s responsibility for the tenants’ security deposits after the rental unit has been sold. your legal rights as a tenant are not changed.” pages 50–52. a month-to-month tenancy). and as of that date will be repealed unless a later enacted statute that is enacted before January 1. a neutral person can work with both of them to reach a solution. the new landlord can end a periodic tenancy (for example. if your lease was signed before the deed of trust or mortgage was recorded.187 Affected tenants also must be given a first option to buy the rental unit on the same terms that are being offered to the general public (or better terms). pages 4-5 (NOLO Press 2007).
When property is sold in foreclosure
state law provides that a tenant in possession of a rental housing unit at the time a property is sold in foreclosure shall be given 60 days’ written
demoLitioN of dWeLLiNg
the owner of a dwelling must give written notice to current tenants before applying for a permit to demolish the dwelling. 2013. California Practice Guide. (see “Arbitration and Mediation. California Tenants Rights.resolving complaints out of court
before filing suit. Paragraph 5:306 and following (Rutter Group 2009). affected tenants must be given written notice of the conversion to condominiums at least 180 days before their tenancies end due to the conversion.184
coNdomiNiUm coNVerSioNS
A landlord who wishes to convert rental property into condominiums must obtain approval from the local city or county planning agency. informal dispute resolution can be inexpensive and fast.186 tenants can check with local elected officials or housing agencies about the approval process and opportunities for public input. See Business and Professions Code Sections 11018.” pages 82–83.185 these notices are designed to allow affected tenants and the public to have a voice in the approval process. either through personal negotiation or a dispute resolution program that offers mediation or arbitration of landlord-tenant disputes.1(c). the owner also must give this notice to tenants who have signed
183 184 185 186 187 188
Code of Civil Procedure 1161b(a) This notice requirement shall remain in effect only until Januaury 1.188
LaNdLord’S SaLe of tHe reNtaL UNit
if your landlord voluntarily sells the rental unit that you live in. perhaps most important.1. Government Code Section 66427.
48
. tenants who have a lease have the right to remain through the end of the lease under the same terms and conditions. 65090. (see “landlord’s notice to end a periodic tenancy.1(a)2F.2. the tenant should try to resolve the dispute out of court. Government Code Section 66427. 66427. but only after giving the tenant the required advance notice. Portman and Brown.

when a later enacted statute deletes or extends that date. a month-to-month agreement).1(e). then consider your legal remedies.
49
.
189 190 191 192 193 194 195 196
Civil Code Section 1940. rules or laws. the tenant may sue the landlord in small claims court or superior Court.2(a). Civil Code Section 1946. Civil Code Section 1946. the court may award him or her a civil penalty of up to $2. in good faith. effective January 1. that a lawsuit is not always a good solution. you must give the landlord written notice as required by the agreement. force. This section shall remain in effect until January 1. you must give the landlord written notice at least 30 days before you move. You may want to discuss the situation with a trusted friend. you must give your landlord proper written notice before you move.194 this is true even if the landlord has given you a 60-day notice to end the rental agreement and you want to leave sooner (see discussion. 2007. the notice may be oral or in writing.193 this means that if you pay rent monthly. rental agreement. a tenant advisor.189
iNfLUeNciNg tHe teNaNt to moVe
California law protects a tenant from retaliation by the landlord because the tenant has lawfully exercised a tenant right (see pages 79–-80). California law also makes it unlawful for a landlord to attempt to influence a tenant to move by doing any of the following:
if the tenant prevails. page 48). you must give the landlord written notice at least seven days before you move. Civil Code Section 1946. Civil Code Section 1940. or menacing conduct that
interferes with the tenant’s quiet enjoyment of the rental unit. Civil Code Section 1940.2(b).) the notice must include the earliest approximate dates that the owner expects the demolition to occur and the tenancy to end.6.000 for each violation. if you are faced with actions such as described above.190
A landlord does not violate the law by giving a tenant a warning notice.196
• using threats.
• engaging in conduct that constitutes theft or
extortion. that the tenant’s or a guest’s conduct may violate the lease. try to assess the situation realistically.191 if a landlord engages in unlawful behavior as described above.195 if your rental agreement specifies a different amount of notice (for example 10 days). or a lawyer who represents tenants.)
• Committing a significant and intentional
violation of the rules limiting the landlord’s right to enter the rental unit (see pages 33–35). if you are convinced that you cannot work things out with the landlord. 2010. however. rental agreement. Civil Code Section 1946.2(c). Civil Code Section 1940.
MovIng out
giViNg aNd receiViNg ProPer Notice tenant’s notice to end a periodic tenancy
to end a periodic rental agreement (for example. the law also allows a landlord to give a tenant an oral or written explanation of the lease. (the conduct must be of a nature that would create the fear of harm in a reasonable person. (see page 24. if you pay rent every week.192 Keep in mind. You must give the landlord the same amount of notice as there are days between rent payments.rental agreements but who have not yet moved in. rules or laws in the normal course of business.

in addition. 200
Landlord’s notice to end a periodic tenancy
A landlord can end a periodic tenancy (for example. or earlier if you chose to).)198 the rental agreement or lease must state the name and address of the person or entity to whom you must make rent payments (see page 19).
50
. You are required to attach to your notice to the landlord a copy of the restraining order. within 60 days of the day such order or report was issued or made.to avoid later disagreements.
the law assumes that the notice is receivable by the owner on the date of postmark. or mail it by certified mail with return receipt requested. (exception: You would not have to pay rent for the entire 10 days if you left earlier.201 however. Civil Code Section 1946. and the new tenant paid rent for all or part of the 10 days. if you can show proof that you mailed the notice to the stated name and address (for example. You could give notice any time during the month (for example. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more. The California Landlord’s Law Book. date the notice. on the tenth). I: Rights & Responsibilities. you could leave 30 days later (on the tenth of the following month. a receipt for certified mail). sexual assault. Vol.202 or
• the landlord has contracted to sell the rental
unit to another person who intends to occupy it for at least a year after the tenancy ends. Civil Code Section 1946. Civil Code Section 1946. and pay rent on the first day of each month. Civil Code Section 1946. you can mail your notice to the owner at the name and address stated in the lease or rental agreement.1(c).” page 71. it’s best to deliver the notice to the landlord or property manager in person. but you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. and make a copy of the notice for yourself. Warner and Portman. or stalking
You may notify your landlord that you or another household member has been a victim of domestic violence. if this address does not accept personal deliveries. sexual assault.)197 You can give the landlord notice any time during the rental period. or stalking. however. (You can also serve the notice by one of the methods described under “proper service of notices. say you have a month-to-month rental agreement. then.7. Civil Code Section 1962(f). a month-to-month tenancy) by giving the tenant proper advance written notice. pages 357-358 (NOLO Press 2009). you would still be responsible for payment of the rent for 30 days following your notice. or police report. state the date that you intend to move. the landlord must give you 30 days advance written notice in either of the following situations:
• Any tenant or resident has lived in the rental
unit less than one year. See Brown. and the landlord rented the unit to another tenant during the 10 days. all of the following must be true in order for the selling landlord to give you a 30-day notice —
197 198 199 200 201 202
Civil Code Section 1946. For example. emergency protective order. and that you intend to move out. but you must pay full rent during the period covered by the notice.1(b).199
tenant’s notice to end tenancy due to domestic violence.

or playing music too loud). assure the landlord that in the future. the landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under “proper service of notices. but you want to leave sooner? You can give the landlord the same amount of notice as there are days between rent payments (for example. or you believe that you haven’t done anything to cause the landlord to give you a notice of termination? in this kind of situation. you can try to convince the landlord to withdraw the notice. you must leave the rental unit by the end of the 30th or 60th day after the date on which the landlord served the notice (see page 68). you would have to leave on or before that date. For example. What if the landlord has given you a 60-day notice. if it’s something within your control (for example. Civil Code Section 1946.206
• Your proposed termination date is before the
What if the landlord has given you a 30-day or 60-day notice. if you receive a 30-day or 60-day notice. 30 days’ notice if you pay rent monthly) provided that —
-
-
• the amount of your notice is at least as
long as the number of days between rent payments. the landlord can file an unlawful detainer lawsuit to evict you (see page 72).6 (Rutter Group 2009) on whether service of the 30-day notice by mail extends the time for the tenant to respond. and the landlord must have given you the 30day notice no later than 120 days after opening the escrow.205
203 204 205 206
Civil Code Section 1946. if the landlord won’t withdraw the notice. and the 60-day period would end on september 14. however. other legal holidays also extend the notice period. keep your promise. you would begin counting the 60 days on July 17. For example. page 68). you would not have to leave until the following Monday. Code of Civil Procedure Section 12a. See California Practice Guide. consistently late rent. Civil Code Section 1946. special rules may apply in cities with rent control. Paragraph 7:220 to 7:220. or be prepared for the landlord to file an unlawful detainer lawsuit to evict you. Landlord-Tenant. in some communities with rent control ordinances. and landlord’s termination date. 204 Note: in the circumstances described on pages 68–69. but you want to continue to rent the property. and the landlord must not previously have given you a 30-day or 60-day notice. because saturdays and sundays are legal holidays.
51
. if the landlord served a 60-day notice on July 16. a landlord can give you just three days advance written notice. you will pay on time or keep the volume turned down. then. if september 14 falls on a weekday.” page 71.1(d).-
the landlord must have opened escrow with a licensed escrow agent or real estate broker. if the end of the 60-day period falls on a saturday. a house or a condominium can be sold separately from another dwelling unit. you will have to move out at the end of the 30-day or 60day period. (For example. try to find out why the landlord gave you the notice.) 203
if you don’t move by the end of the notice period. and the rental unit must be one that can be sold separately from any other dwelling unit.1(f). a periodic tenancy cannot be ended by the landlord without a good faith “just cause” or “good cause” reason
the landlord usually isn’t required to state a reason for ending the tenancy in the 30-day or 60-day notice (see 30-day or 60-day Notice.1(e).

the landlord must have good cause to terminate (end) the tenancy. Section 18. Whether the tenant can use this amount at the end of the tenancy to pay the last month’s rent depends on the language used in the rental agreement or lease. 452(b)(1).207 however. See this chapter for an indepth discussion of the Section 8 housing program. pages 96-97 (NOLO Press 2009). Portman and Brown. Bar 2009). Supp.to evict. Ed. pages 96-97 (NOLO Press 2009).209 What if the landlord simply decides not to renew the lease.212 suppose that at the beginning of the tenancy.” then the landlord has a good argument that you have not actually paid the last month’s rent. suppose that you are a tenant who participates in the section 8 housing voucher program. occupancy rights or assistance of the victim.2005(a).Rptr. the landlord should not be able to require you to pay the amount of the increase for the last month. see Brown. 485 (landlord must follow California law when terminating a tenant’s Section 8 lease). you have paid the rent for your last month in the rental unit. Brown. Vol.” then you have a strong argument that you paid the last month’s rent when you moved in. Paragraphs 12:251 and following (Rutter Group 2009). in this situation. examples of good cause include serious or repeated violations of the lease. Degrate (2005) 35 Cal. 1986) 639 F. California Practice Guide. check with your local housing officials to see if any special rules apply in your situation.208 the landlord must give the tenant a three-day or 30-day or 60-day notice of termination under California law (see pages 67–69). and that the lease or rental agreement labels part of this upfront payment “last month’s rent.535. if your lease or rental agreement labels part of your upfront payment “security for last month’s rent.22 (Cal. in this situation. page 243 (NOLO Press 2007).211 if you live in government-assisted housing or in an area with rent control. the landlord could require you to pay the amount of the increase for the last month. and the reason may be reviewed by local housing authorities. California Tenants’ Rights.210 if the tenant doesn’t move out by the end of the 90 days. Paragraph 12:301(Rutter Group 2009). I: Rights & Responsibilities. the landlord must follow California law to evict the tenant. Cont.1 (Rutter Group 2009) citing United States Code Sections 1437f(d)(1)(5). the landlord must state the reason for the termination. Pierce (ND Cal. incidents of domestic violence may not be used as a violation by the victim or threatened victim as good cause for the landlord to terminate the tenancy. in this situation. Landlord-Tenant. Vol. but have only provided security for it. While the lease is in effect. the landlord must give the tenant 90 days’ advance written notice of the termination date. Landlord-Tenant. California Practice Guide.
207 208 209 210 211 212 213
California Practice Guide. I: Rights & Responsibilities. Warner and Portman. or decides to terminate the hAp (housing assistance payment) contract? in this case. 982. Warner and Portman. citing Gallman v. California Eviction Defense Manual. you gave the landlord a payment for the last month’s rent and for the security deposit. or criminal activity that threatens the health or safety of other residents. can the landlord require you to pay the amount of the increase for the last month? the law does not provide a clear answer to this question. 1437f(c)(9)(B).3d 262]. if your lease or rental agreement labels part of your upfront payment “last month’s rent. in these communities. and both the landlord and the tenant must give the public housing agency a copy of the notice. Wasatch Property Management v. The California Landlord’s Law Book. Civil Code Section 1954. however.
adVaNce PaYmeNt of LaSt moNtH’S reNt
Many landlords require tenants to pay “last month’s rent” at the beginning of the tenancy as part of the security deposit or at the time the security deposit is paid.” in this situation. The California Landlord’s Law Book. Moskovitz.
52
. 24 CFR sections 5. 472.213 however. Landlord-Tenant. sometimes landlords raise the rent before the last month’s rent becomes due.4th 1111 [29 Cal. Paragraph 12:250 and 12:273.

) Notwithstanding this new standard. your landlord must either:
• send you a full refund of your security deposit.” suppose that your rent was $500 when you moved in and that you paid your landlord $500 as “security for the last month’s rent. which will result in wise policy rather than mischief or absurdity.
53
. for conditions caused by normal wear and tear during your tenancy or previous tenancies.214
• For repair of damages. but only to make the unit as clean as it was when the tenant first moved in.(e). if the landlord properly raised your rent to $550 while you were living in the rental unit. and the rental must. be fit to live in at the beginning of each tenancy (Civil Code Section 1941. furnishings. using. the security deposit cannot be used for repairing defects that existed in the unit before you moved in.
or
• Mail or personally deliver to you an itemized
statement that lists the amounts of any
214
This practical standard was codified in Civil Code Section 1950. Civil Code Section 1950. say that your rental agreement labeled part of the total deposit that you paid when you moved in “security for last month’s rent. • For cleaning the rental unit when the tenant
moves out.
California law specifically allows the landlord to use a tenant’s security deposit for four purposes:
• For unpaid rent. 2003.(e)). the current rent [$550] minus the prepaid amount [$500] equals $50 owed). and accounting for tenants’ security deposits.” or “security for last month’s rent.216 A rental agreement or lease can never state that a security deposit is “nonrefundable.”217 under California law. or other items of personal property (including keys). however. as explained in the next section.For example. other than because of normal wear and tear. Civil Code Section 1950. the tenant is not responsible for damages resulting from normal wear and tear (Civil Code Section 1950.” pages 37–40).” (7 Witkin. California law therefore specifies procedures that the landlord must follow for refunding.5(m). this provision should be given “a reasonable and common sense interpretation consistent with the apparent purpose. or for cleaning a rental unit that is as clean as it was when you moved in. see discussion of “Habitability.
A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes.(e).5(b). As with any statutory provision.5(b).5(b). caused by the tenant or the tenant’s guests.2005) Constitutional Law. you will be entitled to a refund of your security deposit. if your rental agreement calls your entire upfront payment a “security deposit” and does not label any part of it “last month’s rent. 21 calendar days or less after you move.215
• if the lease or rental agreement allows it.
215 216 217
Civil Code Section 1950. Summary of California Law (10th ed. you cannot use part of your security deposit to pay the last month’s rent. Section 115. for
refUNd of SecUritY dePoSitS common problems and how to avoid them
the most common disagreement between landlords and tenants is over the refund of the tenant’s security deposit after the tenant has moved out of the rental unit. at a minimum. other than normal wear
and tear. and the cost of restoring or replacing furniture.5(b)(3) for tenancies for which the tenant’s right to occupy the unit began after January 1.” or that “last month’s rent” is one of the items listed in your rental agreement under the heading “security. you can expect to owe the landlord $50 for rent during the last month of your tenancy (that is.” suppose that you also paid your landlord an additional $500 as a security deposit.” then you will have to pay the last month’s rent when it comes due. in this situation.

the hourly rate must be reasonable.218 the landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. when the landlord serves you a three--day notice
Continued on page 62
• if the landlord or the landlord’s employees
did the work—the itemized statement must describe the work performed. and telephone number on the invoice or receipt. you may do so by signing a waiver when the landlord gives you a 30-day or 60-day notice to end the tenancy (see pages 50–52). copies of invoices or receipts. Civil Code Section 1950.220
• if another person or business did the
• if the landlord deducted for materials or
• if the landlord made a good faith estimate
of charges—the landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done
218
Civil Code Section 1950.
219 220 221 222 223
Civil Code Section 1950.5(g)(4). if the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk.5(g)(1). and any good faith estimate to you at the address that you provide.5(g)(2).5(g)(6). address and telephone number of the person or business that is supplying the services or materials. the landlord must send these documents to the address of the rental unit that you moved from. when you give the landlord a 30-day notice to end the tenancy (see pages 45–46).221 the landlord must send the itemized statement. or when the landlord serves you a three-day notice to end the tenancy (see pages 68-71). the landlord must mail or deliver to you a correct itemized statement.deductions from your security deposit and the reasons for the deductions. in either situation. a receipt or a vendor’s price list). address. or no earlier than 60 days before the end of a lease. the invoices and receipts described above. in situation (2).222 the landlord is not required to send you copies of invoices or receipts. the landlord must reasonably document the item’s cost (for example. Civil Code Section 1950. work —the landlord must provide you copies of the person’s or business’ invoice or receipt. or a good faith estimate. Within 14 calendar days after completing the repairs or receiving the invoice or receipt. the landlord may deduct the estimated amount from your security deposit. supplies—the landlord must provide you a copy of the invoice or receipt.223 if you wish to waive the right to receive these documents. the landlord must include the name. together with a refund of any amounts not deducted. the landlord must include the receipts with the itemized statement.
54
. or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. Civil Code Section 1950. The landlord has the option of providing you the itemized statement and any refund to which you are entitled when you or the landlord gives the other a 30-day or 60-day notice to end the tenancy (see pages 67-70). Civil Code Section 1950.5(g)(3).219 the landlord must follow these rules:
by the landlord or an employee and cannot reasonably be completed within the 21 days. by an invoice.5(g)(2). if the repairs or cleaning cost less than $126 or if you waive your right to receive them. or in the itemized statement. including the time spent and the hourly rate charged. the landlord must provide the person’s or business’ name. if you do not provide an address. and any refund to which you are entitled.

Landlord’s notice
the landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the rental and to be present during the inspection. California Tenants’ Rights. violated a provision of the lease or rental agreement.225
Scheduling the inspection
When the tenant requests an initial inspection. and the tenant no longer wants the
inspection. if the tenant has a lease. committed a nuisance.5(f)(1). the inspection cannot be scheduled earlier than two weeks before the end of the tenancy or lease term.226 the landlord must give the tenant at least 48 hours’ advance written notice of the date and time of the inspection whether or not the parties have agreed to a date and time for the inspection.
225 226
Civil Code Section 1950. however.
• the landlord and tenant have agreed in writing to waive (give up) the 48-hour notice
Initial Inspection continued on page 56
224
Civil Code Section 1950. the landlord and the tenant must try to agree on a mutually convenient date and time for the inspection. during this “initial inspection. The landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent. the landlord must give this notice to the tenant a “reasonable time” after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy (see pages 49–52 and 67–69). the tenant has the right to be present during the inspection. in any event.5(f)(1).” the landlord or the landlord’s agent identifies defects or conditions that justify deductions from the tenant’s security deposit. or used the property for an unlawful purpose. this gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit. pages 235-236 (NOLO Press 2007). the landlord must perform an initial inspection as described in this sidebar if the tenant requests it.
55
. the landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice (an eviction notice) for one of the reasons specified in footnote 224. Portman and Brown. but cannot make an initial inspection unless the tenant requests it. the landlord must give the tenant this notice a “reasonable time” before the lease ends. or requirement.initial inspection Before tenant moves out
A tenant can ask the landlord to inspect the rental unit before the tenancy ends. the landlord does not have any other duties with respect to the initial inspection. the landlord is not required to give the 48-hour notice to the tenant if:
• the parties have not agreed on a date and time. materially damaged the property. if the tenant does not request an initial inspection. the inspection should be scheduled to allow the tenant ample time to perform repairs or do cleaning identified during the initial inspection.

(e).227 based on the inspection. the tenant cannot be required to repair defects or do cleaning if the tenant’s security deposit could not be used properly to pay for that repair or cleaning. the tenant may make the repairs or do the cleaning described in the itemized statement.228 the landlord or agent also must give the tenant a copy of the sections of California’s security deposit statute that list lawful uses of tenants’ security deposits. Civil Code Section 1950. the landlord or agent must prepare an itemized statement of repairs or cleaning that the landlord or agent believes the tenant should perform in order to avoid deductions from the tenant’s security deposit. Civil Code Section 1950.5(b)(2). • that occurred after the initial inspection. see Civil Code Section 1950. unless the tenant has previously withdrawn the request for inspection.Initial Inspection continued from page 55
itemized statement
the landlord or the landlord’s agent may perform the inspection if the tenant is not present.5(f)(1). 53–54).232 Any deduction must be reasonable in amount. Civil Code Section 1950.
56
. the landlord may make a deduction from the tenant’s security deposit to repair a defect or correct a condition:
• that was identified in the inspection statement and that the tenant did not repair or correct. See Appendix 5. because of this statute.5(f)(3). the landlord or agent must give the statement to the tenant if the tenant is present for the inspection.5(f)(2).5(f)(4). before the tenancy ends.(5). the landlord must refund any portion of the security deposit that remains after the landlord has made any lawful deductions (see pages 24–26. Civil Code Section 1950. or.229 the security deposit statute has the effect of limiting the kinds of repairs or cleaning that the landlord or agent may properly include in the itemized statement.233 twenty-one calendar days (or less) after the tenancy ends. for example. Civil Code Section 1950. and must be for a purpose permitted by the security deposit statute.230 since the landlord cannot use the tenant’s deposit to correct these kinds of defects. See discussion in “Suggested Approaches to Security Deposit Deductions” sidebar pages 59-61. See Civil Code Section 1950. the landlord or agent cannot list them in the itemized statement. Civil Code Section 1950.234
Initial Inspection continued on page 57
227 228 229 230 231 232 233 234 Civil Code Section 1950. as allowed by the rental agreement.5(e). the landlord cannot. use the tenant’s security deposit to repair damages or correct defects in the rental that existed when the tenant moved in or that are the result of ordinary wear and tear.
final inspection
the landlord may perform a final inspection after the tenant has moved out of the rental.5(b)(1)-(4).5(g).5(b). in order to avoid deductions from the deposit. or • that was not identified during the initial inspection due to the presence of the tenant’s
possessions.231 however.5(f)(2).(e). referring to Civil Code Sections 1950. or leave it inside the unit if the tenant is not present.

the landlord performs the final inspection. along with a refund of the rest of your security deposit. suppose that you have already moved some of your possessions. Forty-eight hours before the date and time that you have agreed upon. the carpet and the door jamb. has the landlord acted properly? Whether the landlord has acted properly depends on other facts. suppose that the itemized statement lists deductions from your security deposit for the costs of repairing the window sill. this is because this damage occurred during your tenancy and is more than normal wear and tear.
57
. and also gives you a copy of the required sections of the security deposit statute. the landlord telephones you. Civil Code Section 1950. the landlord sends you an itemized statement of deductions.(e). the itemized statement lists the following:
• Repair cigarette burns on window sill. When the landlord completes the inspection. A few days after the landlord receives your notice.(f)(4).(e). A few days after that. According to the security deposit statute.235 however. twenty-one days after the tenancy ends. • Wash the windows. even if some of it occurred while you were a tenant.
suppose that you scrub the bathtub until it sparkles. • Repair worn carpet in front of couch. but that your sofa remains against the living room wall. the statute does not allow the landlord to deduct from your security deposit to make these repairs. and you are present during the inspection. the landlord gives you an itemized statement that lists the following items. the cigarette burns are defective conditions from another tenancy. the landlord can deduct a reasonable amount to repair the door jamb chewed by your dog. • Clean soap scum in bathtub.Initial Inspection continued from page 56
example
suppose that you have a month-to-month tenancy.5(b). the landlord performs the initial inspection at the agreed time and date. the landlord gives you a written notice confirming the date and time of the inspection. After you move out. and for washing the windows. and you both agree that the landlord will perform the initial inspection at noon on the 14th day before the end of the tenancy. the landlord gives you written notice that you may request an initial inspection and be present during the inspection. • Repair door jamb chewed by your dog. and that you properly give your landlord 30 days’ advance written notice that you will end the tenancy.5(b).236
Initial Inspection continued on page 58
235 236
Civil Code Section 1950. suppose that the cigarette burns were caused by a previous tenant and that the carpet in the room with the couch was 10 years old. but don’t do any of the repairs or wash the windows. and the worn carpet is normal wear and tear.

Initial Inspection continued from page 57
suppose that the windows were dirty when you moved in. the statute does not allow the landlord to deduct from your security deposit to do this cleaning.
58
. as well as for defects that could not be discovered because of the presence of the tenant’s belongings.5(e). and that they were just as dirty when you moved out.5(f)(5). According to the security deposit statute. the windows are in “the same state of cleanliness” as at the beginning of your tenancy.239
237 238 239
Civil Code Section 1950. and the landlord is allowed to make deductions for defects that occur after the initial inspection. Civil Code Section 1950. suppose that your landlord nonetheless makes deductions from your security deposit to repair these defects. Civil Code Section 1950.237 now suppose that while you were moving out.5(b)(3). you broke the glass in the dining room light fixture and found damage to the wall behind the sofa that you caused when you moved in. neither defect was listed in the landlord’s itemized statement. has the landlord acted properly in this instance? the landlord has acted properly. as long as the amounts deducted are reasonably necessary for the repairs made.238 both of these defects are more than normal wear and tear.

5(b)(3). removing mildew in bathrooms. or windows in order to prepare the rental unit for the next tenancy. instead. the landlord could not charge the tenant for stripping the built-up wax from the kitchen floor. costs of cleaning A landlord may properly deduct from the departing tenant’s security deposit to make the rental unit as clean as it was when the tenant moved in. Reasonable cleaning costs would include the cost of such things as eliminating flea infestations left by the tenant’s animals.243 normal wear and tear includes simple wearing down of carpet and
Suggested Approaches continued on page 60
240 241 242 243
Civil Code Section 1950. the following suggestions are offered as practical guides for dealing with security deposit issues. 1. the landlord must look at how well the departing tenant cleaned the rental unit. or washing the kitchen floor. the landlord is allowed to deduct from the tenant’s security deposit only the reasonable cost of cleaning the rental unit. 2003.5(e). The “clean as it was when the tenant moved in” legal standard applies only to tenancies for which the tenant’s right to occupy the rental began after January 1.
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.242 2. carpets and drapes—“useful life” rule normal wear and tear to carpets. drapes. drapes and other furnishings cannot be charged against a tenant’s security deposit.5(e). the statute limits the landlord’s deduction from the security deposit to an amount that is “reasonably necessary” for the listed purposes. suppose.241 A landlord cannot routinely charge each tenant for cleaning carpets. that the tenant had washed the kitchen floor but that it remained dingy because of wax built up over the years. the statute’s terms “reasonably necessary” and “normal wear and tear” are vague and mean different things to different people. cleaning the oven.Suggested approaches to Security deposit deductions
California’s security deposit statute specifically allows the landlord to use a tenant’s security deposit for the four purposes stated on page 53. removing decals from walls.5(e). in addition. Civil Code Section 1950. they are not necessarily the law in this area. Civil Code Section 1950. for example. While these suggestions are consistent with the law. the landlord could not charge for the cumulative effects of wear and tear. defrosting the refrigerator. Civil Code Section 1950.240 unfortunately. walls. but the landlord could not charge for cleaning any of these conditions if they existed at the time that the departing tenant moved in. and may charge cleaning costs only if the departing tenant left the rental unit (or a portion of it) less clean than when he or she moved in.

repainting walls one approach for determining the amount that the landlord can deduct from the tenant’s security deposit for repainting. Warner and Portman. if the tenant lived in the rental unit for two years or more. in this situation. or replacing them if that is reasonably necessary. Vol. I: Rights & Responsibilities. a large number of holes in the walls or ceiling that require filling with plaster. Brown.000. other damage to walls Generally. understand. therefore. Vol.Suggested Approaches continued from page 59
drapes because of normal use or aging. however. pages 384-385 (NOLO Press 2009). or that otherwise require patching and repainting. Generally.
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. For example.244 4. deducting for painting would be more likely to be proper if the rental unit had been painted recently. (some landlords assume that interior paint has a life of three years or more. The California Landlord’s Law Book. when repainting is necessary.) Length of Stay less than 6 months 6 months to 1 year 1 year to 2 years 2 or more years deduction full cost two-thirds of cost one-third of cost no deduction
using this approach. the tenant could not be charged for any repainting costs. 3. the landlord could properly charge only $200 for the two years’ worth of life (use) that would have remained if the tenant had not damaged the carpet. I: Rights & Responsibilities. pages 384-385 (NOLO Press 2009). could justify withholding the cost of repainting from the tenant’s security deposit.
Suggested Approaches continued on page 61
244 245 Brown. suppose a tenant has damaged beyond repair an eight-year-old carpet that had a life expectancy of ten years. they are offered to help tenants and landlords avoid. common sense and good faith remember: These suggestions are not hard and fast rules. The California Landlord’s Law Book. and less likely to be proper if the rental unit needed repainting anyway. Warner and Portman. this approach assumes that interior paint has a two-year life. Rather. in contrast. large marks or paint gouges are the tenant’s responsibility. is based on the length of the tenant’s stay in the rental unit. no matter how dirty the walls were. and that a replacement carpet of similar quality would cost $1.245 5. the tenant should not be charged for such marks or nicks. one common method of calculating the deduction for replacement prorates the total cost of replacement so that the tenant pays only for the remaining useful life of the item that the tenant has damaged or destroyed. large rips or indelible stains justify a deduction from the tenant’s security deposit for repairing the carpet or drapes. and resolve security deposit disputes. and includes moderate dirt or spotting. worn paint caused by a sofa against the wall). minor marks or nicks in walls are the landlord’s responsibility as normal wear and tear (for example.

For example. if the parties exercise common sense and good judgment. overreaching by one party only invites the other party to take a hard line.
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. straightforward conduct by both parties at this stage may avoid or minimize a dispute over deductions from the tenant’s security deposit. and a tenant should not try to avoid responsibility for damages that the tenant has caused. the tenant has the opportunity to review and carefully evaluate the documentation provided by the landlord. a landlord should not deduct from the tenant’s security deposit for normal wear and tear. and deal with each other fairly and in good faith (see page 22).Suggested Approaches continued from page 60
security deposit disputes often can be resolved. before challenging the deductions. or avoided in the first place. before sending these items to the tenant. especially in disputes about security deposits. disputes that reach this level often become unresolvable by the parties and wind up in court. the landlord has the opportunity to double check them to be sure that the amounts deducted are reasonable. accurate and reasonably necessary for a purpose specified by the security deposit statute. the requirement that the landlord send the tenant copies of invoices and receipts with the itemized statement of deductions (see pages 53–54) may help avoid potential security deposit disputes.

try to work out a reasonable compromise that is acceptable to both of you. by the end of the 21-day period as required by law? According to a California supreme Court decision. you can deliver the letter personally and ask the landlord or agent to acknowledge receipt by signing and dating your copy of the letter. What if the landlord doesn’t provide a full refund. Islay Investments (1995) 9 Cal. Civil Code Section 1950. See Appendix 5. See California Practice Guide.) You can contact one of the agencies listed on pages 91–99 for assistance.5(g)(5). it’s best to make this request both orally and in writing. page 235-236 (NOLO Press 2007). receipts and any good faith estimate. if the landlord or agent still doesn’t send you the refund that you think you’re entitled to receive.249 the landlord may still claim damages for unpaid rent. you may want to take legal action (see pages 64–65).5(g)(2) describes the tenant’s right to receive receipts.246 What if the repairs cost less than $126 or you waived your right to receive copies of invoices. receipts and any good faith estimate? the landlord still must send you an itemized statement 21 calendar days or less after you move. (see the discussion on page 53. You can make this request by phone or e-mail. the waiver form given to you by the landlord must include the text of the security deposit law that describes your right to receive receipts. if you have a lease. Immediately ask the landlord or agent for a refund of the amount that you believe you’re entitled to get back.5(g)(2).247 What should you do if you believe that your landlord has made an improper deduction from your security deposit. 653]. it may be difficult for you to get your entire deposit back from the landlord. repairs. When you receive the itemized statement.
246 247 248 249
Civil Code Section 1950. Civil Code Section 1950. or a statement of deductions and a refund of amounts not deducted. or. it’s a good idea to send the letter to the landlord or agent by certified mail and to request a return receipt to prove that the landlord or agent received the letter. the letter should state the reasons that you believe the deductions are improper. Portman and Brown. you may decide that you want copies of the landlord’s invoices.6 (Rutter Group 2007).5(g)(4)(B).248 even so. the landlord must send you copies of invoices.) You should contact one of the agencies listed on pages 91–99 for advice. Landlord-Tenant. and the amount that you feel should be returned to you. if none of this works. along with a refund of any amounts not deducted from your security deposit.Continued from page 54
to end the tenancy (see pages 68–71). Keep a copy of your letter or e-mail. or if the landlord keeps all of the deposit without good reason? tell the landlord or the landlord’s agent why you believe that the deductions from your security deposit are improper.4th 738. The waiver must “substantially include” the text of Section 1950. Paragraphs 2:783-2:783. Granberry v.Rptr. 745 [38 Cal. or after any of these notices. you may waive this right no earlier than 60 days before the lease ends.
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. California Tenants’ Rights. Keep a copy of your letter. receipts and any good faith estimate within 14 calendar days after he or she receives your request. but you
should follow it up with a letter. and cleaning either as a defense for a set-off against the security deposit or by an affirmative counter claim against you. You also can suggest that the dispute be mediated by a neutral third person or agency (see page 82. the landlord loses the right to keep any of the security deposit and must return the entire deposit to you.2d 650. You may request copies of these documents from the landlord within 14 calendar days after you receive the itemized statement.

The tenant then must prove that the landlord’s conduct makes it unfair to allow the deductions from the deposit (for example. Civil Code Section 1950. if the landlord presents good reasons for keeping some or all of your deposit for a purpose listed on page 53. Portman and Brown. the selling landlord must send each tenant an itemized statement that lists the amounts of and reasons for any deductions from the tenant’s security deposit. along with a refund of any amounts not deducted (see pages 53–60). in the counterclaim. 749-750 [38 Cal. the landlord must convince the judge that the damage occurred. the selling landlord may deduct
250
See Granberry v. the selling landlord must also notify each tenant of any amounts deducted from the security deposit and the amount of the deposit transferred to the new landlord. for unpaid rent or for damage to the rental that the landlord alleges that you caused. the selling landlord may first make lawful deductions from the deposits (see pages 53–60). each party then will have to argue in court why he or she is entitled to the deposit. and telephone number of the new landlord. the written notice must also include the name. (NOLO Press 2007). 656-657].252 the selling landlord must notify the tenants of the transfer in writing. the selling landlord must send this notice to each tenant by first-class mail. address.255 if the selling landlord fails to either return the tenants’ security deposits to the tenants
refund of security deposits after sale of building
When a building is sold. the selling landlord must either transfer the security deposits to the new landlord.5(e). to cover unpaid rent).5(h)(1). for example. or personally deliver it to each tenant. however.(h)(2).253 the new landlord becomes legally responsible for the security deposits when the selling landlord transfers the deposits to the new landlord.5(e). Civil Code Section 1950. you have two options if the landlord doesn’t honor the 21-day rule.
63
. if the selling landlord makes deductions from the security deposits.practically speaking. You can also suggest that the dispute be mediated. the landlord then can file a counterclaim against you.4th 738.2d 650. California Tenants’ Rights. or return the security deposits to the tenants following the sale. it’s probably wise to enter into a reasonable compromise with the landlord. Civil Code Section 1950.254 if the selling landlord returns the security deposits to the tenants. the landlord can assert a right to make deductions from the deposit.(h)(1).251 before transferring the security deposits to the new landlord.5(h). Civil Code Section 1950.
251 252 253 254 255
Civil Code Section 1950. this is because the other option is difficult and the outcome may be uncertain. and that the amount claimed is reasonable and is a proper deduction from the security deposit. the other option is to sue the landlord in small claims court for return of your security deposit.250
money from the security deposits. Islay Investments (1995) 9 Cal. because the landlord waited too long to claim the damage and the delay harmed the tenant in some way). he or she must transfer the balance of the security deposits to the new landlord. In simplest terms. the first step for both is to call and write the landlord to request a refund of your entire security deposit.(g). deductions can be made for the same reasons that deductions are made when a tenant moves out (for example.5(k). page 236.Rptr. the selling landlord must do one of two things with the tenants’ security deposits.

For periodic tenants (those renting month-to-month. to verify the amount. California Tenants’ Rights.261 (if your claim is for a little more than $7.259 Can the new landlord increase the amount of your security deposit? this depends. up to a maximum of $7.5(n). and you ordinarily will need a lawyer in order to effectively pursue your case. (see page 29.)
All of this means that it’s important to keep copies of your rental agreement and the receipt for your security deposit.262 if you prove to the court that the landlord acted in “bad faith” in refusing to return your security deposit. in either situation.500. the new landlord may legally collect new security deposits. the landlord normally cannot require that you pay the security deposit increase in cash. Civil Code Section 1950. the court can order the landlord to pay you the amount of the improperly withheld deposit. Paragraph 2:810 (Rutter Group 2009).258 if the selling landlord has returned a greater amount to a tenant than the amount of the tenant’s security deposit. or makes improper deductions from it. Exception: If the new landlord acted in the good faith belief that the old landlord properly complied with the transfer or refund requirement.256 if the selling landlord and the security deposits can’t be found.500. and to determine whether the landlord had a right to make a deduction from the deposit. Landlord-Tenant.257 the new landlord can’t charge a new security deposit to current tenants simply to make up for security deposits that the new landlord failed to obtain from the selling landlord. the new landlord can’t increase your security deposit unless this is specifically allowed by the lease. Civil Code Section 1950. Code of Civil Procedure Section 116. and possibly also a penalty and interest.or transfer them to the new owner.260
Legal actions for obtaining refund of security deposits
suppose that your landlord does not return your security deposit as required by law. You may need those records to prove that you paid a security deposit. but if the security deposits have been returned to the tenants. both the new landlord and the selling landlord are legally responsible to the tenants for the security deposits. in such a lawsuit.221. for example) the new landlord can increase security deposits only after giving proper advance written notice.5(j). the new landlord must refund all security deposits (after any proper deductions) as tenants move out.5(l). the new landlord is not jointly liable with the old landlord. page 237 (NOLO Press 2007) Civil Code Section 1950. if you have a lease. you must file in superior court. plus up to twice the amount of the security deposit as a “bad faith” penalty. you can file a lawsuit in small claims court for the amount of the security deposit plus court costs. the court can award a bad faith penalty in addition to actual damages whenever the facts of the case warrant—even if the tenant has not requested
256 257 258 259 260 261 262
Civil Code Section 1950. the total amount of the security deposit after the increase cannot be more than the legal limit (see pages 24–26). if you cannot successfully work out the problem with your landlord. the landlord has the burden of proving that his or her deductions from your security deposit were reasonable.
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. California Practice Guide.5(j). or if the new landlord has properly accounted to the tenants for proper deductions taken from the security deposits. See Portman and Brown. on the type of tenancy that you have.5(o) (describes evidence that proves the existence and amount of a security deposit). the new landlord may recover this excess amount from the tenant. you can waive (give up) the extra amount and still use the small claims court. in part.) For amounts greater than $7. Civil Code Section 1950.500.

Code of Civil Procedure Sections 1032(b). The California Landlord’s Law Book. Portman and Brown.265 if the lease or rental agreement contains an attorney’s fee clause. The California Landlord’s Law Book.1-9:391.4th 1285 [28 Cal. you may want to give the landlord a courtesy notice stating that you do not want to renew your lease.264 Whether you can collect attorney’s fees if you win such a suit depends on whether the lease or rental agreement contains an attorney’s fee clause. page 226 (NOLO Press 2007).2d 172]. Civil Code Section 1945. 13.272 sometimes. Katz (1995) 11 Cal. no 30-day or 60-day notice is required to terminate the tenancy. Miller & Desatnik Management Co. all other provisions of the lease will remain in effect. the tenancy is terminated (ended) by notice of the tenant’s
263 264 265 266 267
Civil Code Section 1950.
268 269 270 271 272
Joost v. Vol.268 now suppose instead that the tenant had a month-to-month tenancy. v. Castle (1939) 33 Cal.App. Landlord-Tenant.2d 241].the penalty. I: Rights & Responsibilities. despite the tenant’s death. 18-19 [270 Cal. 604]. I: Rights & Responsibilities.4th 274 [45 Cal. the landlord has the burden of proving the authority upon which the demand for the security deposits was based.5(a)(10)(A). Warner and Portman. if you continue living in the rental after the lease expires. See Brown. you can only collect attorney’s fees if you were represented by an attorney.263 these additional amounts can also be recovered if a landlord who has purchased your building makes a “bad faith” demand for replacement of security deposits.
65
. however.App. a landlord will give a tenant a 30-day notice before the
teNaNt’S deatH
suppose that a tenant who has a tenancy for a specified term (for example. Brown. Paragraph 2:395 (Rutter Group 2009). monthly rent results in a month-to-month tenancy). except for the length of the agreement.5(l). in this case. Jacobson v.Rptr. Bullock (1990) 221 Cal.4. Civil Code Section 1717. pages 366-369 (NOLO Press 2009).269 the tenancy ends on the 30th day following the tenant’s last payment of rent before the tenant’s death. 600. California Tenants’ Rights. and if the landlord accepts rent from you. Civil Code Section 1934.3d Supp.266 however.5(l). Landlord-Tenant. see California Practice Guide. Civil Code Section 1950. the length of time between your rent payments will determine the type of the tenancy (for example. even if the clause states that only the landlord can collect attorney’s fees. 271 the tenant is expected either to renew the lease before it expires (with the landlord’s agreement) or to move out. A lease usually doesn’t require a tenant to give the landlord any advance written notice when the lease is about to expire. the tenancy continues until the end of the lease term. Paragraphs 9:391. 9:391. a one-year lease) dies. 1033.10 and following (Rutter Group 2009). Simmons Real Estate (1994) 23 Cal. you can claim attorney’s fees as part of the judgment.270
moViNg at tHe eNd of a LeaSe
A lease expires automatically at the end of the lease term.2d 699].App. California Practice Guide. Vol.2d 138 [91 P.267
death. Trope v. Rptr. pages 368-369 (NOLO Press 2009). Responsibility for the rest of the lease term passes to the tenant’s executor or administrator.Rptr. Warner and Portman. the tenant should read the lease to see if it has any provisions covering what happens at the end of the lease. your tenancy will be a periodic tenancy from that point on. before you move.

You and the landlord or agent should agree on a mutually convenient date and time for the inspection about two weeks before the end of the tenancy or the lease term. Special rules for tenants in the military: A servicemember may terminate (end) a lease any time after entering the military or after the date of the member’s military orders. I: Rights & Responsibilities. See California Practice Guide. the servicemember may personally deliver the notice to the landlord or agent. and if the landlord refuses to accept rent after the lease expires. this process may take some time if one of you wants to negotiate different terms in the new lease.273 if you don’t move in time. Servicemembers Civil Relief Act. the servicemember pays the rent on June 10.
273 274 275
Brown. Warner and Portman. California Tenants’ Rights. the landlord also must return any “lease amounts paid in advance” (such as the unused portion of the servicemember’s security deposit) by september 8. the landlord must refund these amounts within 30 days after the effective date. Landlord-Tenant. the servicemember must give the landlord or the landlord’s agent written notice of termination and a copy of the orders. the landlord can use the “Condition upon departure” portion of the checklist to conduct the final inspection (see pages 107–110). by september 8.
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.
tHe iNVeNtorY cHecKLiSt
You and the landlord or the landlord’s agent can use the inventory checklist (see pages 107–110) if you request an initial inspection of the rental unit before you move out (see pages 55–58). termination takes effect 30 days after the next rent due date that follows delivery of the notice. Rent must be paid on a prorated basis up to the date that the termination takes effect. Paragraphs 7:328-7:328. Vol. the landlord can file an eviction lawsuit immediately without giving you any notice (see page 67–71). you should begin negotiating with your landlord in plenty of time before the lease expires. and then personally gives the landlord proper notice of termination on June 15.lease ends to be certain that the tenancy does not continue after the lease expires. of any obligation under the lease. When rent is paid monthly. page 359 (NOLO Press 2009). 50 United States Code Appendix Sections 501-596 and Section 535.5 (Rutter Group 2009). the servicemember must pay $600 rent on July 10 for the period from July 10 through August 9. send the notice by private delivery service (such as Fedex or ups).)274 important: if you want to renew your lease. the date that termination takes effect is August 9 (30 days after the July 10 rent due date). it’s a good idea for you to be present when the landlord conducts the final inspection. such as a spouse or child. if rent or lease amounts
have been paid in advance for the period following the effective date of termination. the landlord must return any rent paid in advance for the period after the effective date of termination. this right applies to a tenant who joins the military after signing a lease. or send it by certified mail with return receipt requested. page 252 (NOLO Press 2007).275 example: the servicemember pays $600 rent on the tenth of each month under the terms of his lease. but the law does not require that you be present or that the landlord allow you to be present. (this may not be true if you live in a rent control jurisdiction. and to a servicemember who signs a lease and then receives orders for a change of permanent station or deployment for at least 90 days. The California Landlord’s Law Book. proper termination relieves a servicemember’s dependent. both your landlord and you will have to agree to the terms of the new lease. You and the landlord or agent should walk through the rental unit at that time and complete the “Condition upon initial inspection” portion of the checklist. Portman and Brown. After you have moved out.

(For an explanation of month-to-month tenancies. special rules may apply to 30-day or 60-day notices:
terMInatIons and evIctIons
WHeN caN a LaNdLord termiNate a teNaNcY?
A landlord can terminate (end) a month-tomonth tenancy simply by giving the tenant 30 days’ or 60 days’ advance written notice.
WritteN NoticeS of termiNatioN 30-day or 60-day notice
A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. • unlawful conduct involving weapons or
ammunition. imported. both you and the landlord or agent should sign and date the inventory checklist after each inspection.) be sure to get a copy of the signed form after each inspection. unless you take care of them yourself or reach an agreement with the landlord.
• Materially damaged the rental property
(“committed waste”). a 30-day or 60-day notice doesn’t have to state the landlord’s reason for ending the tenancy.)
276 277 278 279 Code of Civil Procedure Section 1161(2)-(4). Code of Civil Procedure Section 1161(4). ideally. for an explanation of 30-day and 60-day notices. or manufactured illegal drugs. Carefully completing the checklist at this point will help identify problem areas.
Code of Civil Procedure Section 1161(4).
three-day notices are explained on pages 68–71.277
• engaged in drug dealing. see additional suggestions regarding the inventory checklist on page 107. For example. or stalked another tenant or subtenant on the premises.” items identified as needing repair or cleaning may result in deductions from your security deposit. the landlord can terminate the tenancy by giving the tenant only three days’ advance written notice if the tenant has done any of the following:276
• Failed to pay the rent. • Violated any provision of the lease or rental
agreement.7. Civil Code Section 1946. you and the landlord should make arrangements for a final inspection close to the time that you move out. and proper service of notices is discussed on page 71. you can identify repairs or cleaning that may be needed by comparing items noted under “Condition upon Arrival” and “Condition upon departure. and “Refunds of security deposits.
• Committed domestic violence or sexual • used the premises for an unlawful
purpose. see page 15. and will help avoid disagreements after you have moved. unlawfully used. this walkthrough should occur after you have moved all of your belongings and have thoroughly cleaned the rental unit.279
cultivated. Civil Code Section 3485.278
assault against.
67
.” pages 53–65.
• substantially interfered with other tenants
(“committed a nuisance”).if you don’t want an initial inspection. in some localities or circumstances. see pages 49–52 and 67–71. You and the landlord or agent should walk through the rental and complete the “Condition upon departure” portion of the checklist. the 30-day or 60-day Notice is discussed on pages 49–51. Generally. (the landlord or agent should sign the checklist even if you’re not present.
however.

• Violated any provision of the lease or rental
agreement. most landlords do have a reason for terminating a tenancy. and the landlord can file an unlawful detainer (eviction) lawsuit to evict you. or that you have a valid defense to an unlawful detainer lawsuit. • substantially interfered with other tenants
(“committed a nuisance”). you will be unlawfully occupying the rental unit. an eviction cannot be retaliatory or discriminatory (see page 79).
280 281
Health and Safety Code Section 19211(c). the written agreement might be an attachment to your lease or rental agreement that both the landlord and you sign. allowable reasons for eviction. you should either move out or try to make arrangements with the landlord to stay.
• used the premises for an unlawful purpose. or housing clinic.
• A landlord cannot evict a tenant for the reason
that the water heater must be braced to protect against earthquake damage. if you want to continue to occupy the rental unit. ask the landlord what you need to do to make that possible. Code of Civil Procedure Section 1161(2)-(4). and may require that the notice state one of these reasons (see page 51–52). (see “Getting help From a third party.
• subsidized housing programs may limit
if the landlord doesn’t agree to your staying.” pages 53–65). you may wish to consult with a lawyer. As part of your decision-making process. tenant-landlord program. it’s helpful to know what you can do to make your relationship with the landlord a better one.)
• some reasons for eviction are unlawful. You should do so by the end of the 30th or 60th day. take all of your personal belongings with you. if you believe that the landlord has acted unlawfully in giving you a 30-day or 60-day notice.
three-day notice
A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:281
• Failed to pay the rent. if you want to stay. legal aid organization. For
example. during the 30-day or 60-day period. this will help with the refund of your security deposit (see “Refunds of security deposits. you should carefully weigh the pros and cons of contesting the landlord’s likely eviction lawsuit against you if you don’t move out.• some rent control cities require “just cause”
for eviction. having the agreement in writing ensures that you and your landlord are clear about your future relationship. While a landlord is not required to state a reason for giving a 30-day or 60-day notice.” pages 81–82. and the landlord’s notice must state the reason for termination. or an exchange of letters between you and the landlord that states the details of your agreement.280
How to respond to a 30-day or 60-day notice
suppose that the landlord has properly served you with a 30-day or 60-day notice to terminate the tenancy. you will have to move out. if your landlord agrees that you can continue to occupy the rental unit. and leave the rental property at least as clean as when you rented it. if you have haven’t moved at the end of the 30th or 60th day.
• Materially damaged the rental property
(“committed waste”).
68
. it’s important that your agreement with the landlord be in writing.

7:119. however. the notice may state the name. if you can show proof that you mailed the rent to the stated name and address (for example. if the violation involves something that the tenant can correct (for example. the notice must state:
• the name. the three-day notice must give the tenant the option to correct the violation. Civil Code Section 3485(a). Code of Civil Procedure Section 1161(3). See California Practice Guide. a receipt for certified mail). the other conditions listed on page 67 cannot be corrected.282 cultivated. imported.• Committed domestic violence or sexual
assault against. unlawfully used. address and telephone number of
the person to whom the rent must be paid. Code of Civil Procedure Section 1162 paragraph 2. if you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period. depending on the type of violation. Code of Civil Procedure Section 1161(4). and the threeday notice can simply order the tenant to leave at the end of the three days. the notice must either describe the tenant’s violation of the lease or rental agreement. if an electronic fund transfer procedure was previously established for paying rent. • unlawful conduct involving weapons or
if the landlord gives the tenant a three-day notice because the tenant hasn’t paid the rent. Paragraphs 7:104.4 (Rutter Group 2006). Bar 2009). (see page 29. in addition.285
282 283 284 285 286
Code of Civil Procedure Section 1161(4).
• instead. if the address does not accept personal deliveries. the three-day notice must be properly served on the tenant (see pages 68–71). Health and Safety Code Section 11571. then you can mail the rent to the owner at the name and address stated in the three-day notice.
• if payment may be made in person. payment may be made using that procedure. Failing to pay the rent.1. can be corrected. or manufactured illegal drugs. Landlord-Tenant.10-7:104. or stalked another tenant or subtenant on the premises.) if the three-day notice is based on one of the other seven conditions listed on page 67. the tenant hasn’t paid the rent. Cont. the usual
days and hours that the person is available to receive the rent payment. the tenancy continues. Code of Civil Procedure Section 1161(4). or describe the tenant’s other improper conduct. and most violations of the terms of a lease or rental agreement.
69
.284
the landlord normally cannot require that the tenant pay the past-due rent in cash. the notice must give the tenant the option to correct the violation. Civil Code Section 1946.12. the landlord can either file a
• engaged in drug dealing. California Landlord-Tenant Practice. Ed. Section 3. the law assumes that the rent payment is received by the owner on the date of postmark.3-7:110.7.283 ammunition.286 if you attempt to pay all the past-due rent demanded after the threeday period expires. in these situations.7 (Cal. the notice must accurately state the amount of rent that is due. or the tenant has a pet but the lease doesn’t permit pets). street
address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). the threeday notice demands either (1) that the tenant correct the violation or leave the rental unit. or (2) that the tenant leave the rental unit.

You should pay the unpaid rent by cashier’s check. and keep a copy of the written offer. late charges. You must pay the rent by the end of the third day. powerful remedy: a court action to evict you and recover the unpaid rent (called an “unlawful detainer [eviction] lawsuit” [see page 72]). or interest). if the three-day notice is based on something other than failure to pay rent. You must either pay the full amount of rent that is due or vacate (leave) the rental unit by the end of the third day. or if it includes any charges other than for past-due rent (for example. 333]. Make this offer orally and in writing. if the landlord accepts the rent. As part of your decision-making process. and you should be able to stay in the rental unit. the notice will state whether you can correct the problem and remain in the rental unit (see page 68). the landlord normally cannot require that you pay the unpaid rent in cash. the landlord then has a single. even if the notice does not state that you can correct the problem.App. which could affect your ability to rent from other landlords. if you stay beyond the three days without paying the rent that is properly due. if you decide to pay the rent that is due. if you believe that the landlord has acted unlawfully in giving you a three-day notice. Your failure to pay the rent and to leave promptly may also become part of your credit history. or that you have a valid defense to an unlawful detainer lawsuit. you should carefully weigh the pros and cons of contesting the landlord’s likely eviction lawsuit against you if you don’t move out. once you have corrected the problem. pages 314-315 (NOLO Press 2009).
you decide not to pay. be sure to get a receipt signed by the landlord or agent that shows the date and the amount of the payment. you will be occupying the rental unit unlawfully. and if
287 288
EDC Associates Ltd. I: Rights & Responsibilities. it’s best to call the landlord or the landlord’s agent immediately. the landlord’s notice is not legally effective if it demands more rent than is actually due. Vol. if the landlord agrees. and offer to pay the amount that is actually due. Gutierrez (1984) 153 Cal. the landlord waives (gives up) the right to evict you based on late payment of rent. or cash.3d 167 [200 Cal. Whatever the form of payment. the landlord probably will serve you with another three-day notice. however. you must correct the problem by the end of the third day. or with a 30day or 60-day notice.Rptr. then you and any other occupants should move out promptly. the landlord should then waive (forgive) your violation. The California Landlord’s Law Book. you can try to persuade the landlord that you will correct the problem and be a good tenant if the landlord agrees to your staying. keep your promise immediately.
70
. it’s essential that you discuss this with the landlord or agent immediately.) if the amount of rent demanded is not correct. unless you have a legal basis for not paying rent (see pages 43–45).lawsuit to evict you or accept the rent payment. tell the landlord or agent that you intend to pay the amount demanded in the notice (if it is correct) and arrange for a time and location where you can deliver the payment to the landlord or agent. you may wish
How to respond to a three-day notice
suppose that your landlord properly serves you a three-day notice because you haven’t paid the rent. if the problem can be corrected and you want to stay in the rental unit. v.288 if the amount of rent demanded is correct and doesn’t include any other charges. Brown. (see page 29. you should promptly notify the landlord or the property manager. dishonored check fees. Warner and Portman.287 see page 71 on how to count the three days. in the event of another violation. unpaid utility charges. money order.

)
ProPer SerVice of NoticeS
A landlord’s three-day. the three-day period begins the day after both steps have been completed. Code of Civil Procedure Section 1162(1). or housing clinic.
• Posting and mailing—if the landlord can’t
serve the notice on you personally or by substituted service.App.291 A person of suitable age and discretion normally would be an adult at your home or workplace.)
the landlord can use “substituted service” instead of serving you personally. tenant-landlord program. (see “Getting help From a third party. to comply with the rules on substituted service. by substituted service. or a teenage member of your household.289 (see the next section for a discussion of service of the notice and the beginning of the notice period. sunday. Code of Civil Procedure Section 1162(3). A landlord can use any of these methods to serve a 30-day or 60-day notice on a tenant. A landlord can serve a three-day notice on the tenant in one of three ways: by personal service.Rptr. or can send the notice to the tenant by certified or registered mail with return receipt requested. or 60-day notice to a tenant must be “served” properly to be legally effective. Code of Civil Procedure Section 1162(2).12a. Landlord-Tenant. if the landlord can’t find you at home or at work. Meyers (1990) 226 Cal. the landlord. or by posting and mailing. legal aid organization. service of the notice is legally complete when both of these steps have been completed. 316.
71
.292 (this service method is commonly called “posting and mailing” or “nailing and mailing. the landlord’s agent. these procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice. See California Practice Guide.to consult with a lawyer.290 the three-day period begins the day after you receive the notice. Code of Civil Procedure Section 1162. not from the date the tenant received it).293
• Personal service—to serve you personally.” pages 81–82. landlord can’t find you at home. 318-319] (service of a three-day notice is effective from the date the notice is mailed. Walters v. if the third day falls on a saturday. the terms “serve” and “service” refer to procedures required by the law.
how to count the three days is explained above. 15.
294
Civil Code Section 1946.294
• Substituted service on another person—if the
289 290 291 292 293
Code of Civil Procedure Sections 12. or anyone over 18 can serve a notice on a tenant.”) service of the notice is not complete until the copy of the notice has been mailed. the landlord should try to serve you personally at work.
How to count the three days
begin counting the three days on the first day after the day the notice was served. the person serving the notice must leave the notice with a person of “suitable age and discretion” at your home or work and also mail a copy of the notice to you at home.3d Supp. the threeday period begins the day after the notice was posted and mailed. 30-day. or holiday. the three-day period will not expire until the following Monday or nonholiday.
the person serving the notice must hand you the notice (or leave it with you if you refuse to take it). 19-20 [277 Cal. the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit’s address. Paragraphs 7:186-7:188.2 (Rutter Group 2009) (mailing three-day notice does not extend time to respond).

tHe eVictioN ProceSS (UNLaWfUL detaiNer LaWSUit) overview of the eviction process
if the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. in order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior Court. in an eviction lawsuit, the landlord is called the “plaintiff” and the tenant is called the “defendant.” Recent laws designed to abate drug dealing 295 and unlawful use, manufacture, or possession of weapons and ammunition, 296 permit a city attorney or prosecutor in selected jurisdictions 297 to file an unlawful detainer action against a tenant based on an arrest report (or other action or report by law enforcement or regulatory agencies) if the landlord fails to evict the tenant after 30 days notice from the city. the tenant must be notified of the nature of the action and possible defenses. An unlawful detainer lawsuit is a “summary” court procedure. this means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord’s summons and complaint.298 normally, a judge will hear and

decide the case within 20 days after the tenant or the landlord files a request to set the case for trial.299 the court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. the landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant’s belongings in order to carry out the eviction. the landlord must use the court procedures. if the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant’s damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.300 in an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. if the court finds that the tenant has a good defense, the court will not evict the tenant. if the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant’s filing fees). the landlord also may have to pay the tenant’s attorney’s fees, if the rental agreement contains an attorney’s fee clause and if the tenant was represented by an attorney.301

if the court decides in favor of the landlord, the court will issue a writ of possession.302 the writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. if the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant’s belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant. the court also may award the landlord any unpaid rent if the eviction is based on the tenant’s failure to pay rent. the court also may award the landlord damages, court costs, and attorney’s fees (if the rental agreement or lease contains an attorney’s fee clause and if the landlord was represented by an attorney). if the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty.303 the judgment against the tenant will be reported on the tenant’s credit report for seven years.304

must respond during this time by filing the correct legal document with the Clerk of Court in which the lawsuit was filed. if the fifth day falls on a weekend or holiday, you can file your written response on the following Monday or nonholiday.305 typically, a tenant responds to a landlord’s complaint by filing a written “answer.” (You can get a copy of a form to use for filing an answer from the Clerk of Court’s office or online at www.courtinfo.ca.gov/cgi-bin/forms.cgi (Form 982.1(95).) You may have a legal defense to the landlord’s complaint. if so, you must state the defense in a written answer and file your written answer with the Clerk of Court by the end of the fifth day. otherwise, you will lose any defenses that you may have. some typical defenses that a tenant might have are listed here as examples:

• the landlord’s three-day notice requested
more rent than was actually due. of habitability.

• the rental unit violated the implied warranty • the landlord filed the eviction action in
retaliation for the tenant exercising a tenant right or because the tenant complained to the building inspector about the condition of the rental unit.

How to respond to an unlawful detainer lawsuit
if you are served with an unlawful detainer complaint, you should get legal advice or assistance immediately. tenant organizations, tenant-landlord programs, housing clinics, legal aid organizations, or private attorneys can provide you with advice, and assistance if you need it. (see “Getting help From a third party,” pages 81–82.) You usually have only five days to respond in writing to the landlord’s complaint. You

depending on the facts of your case, there are other legal responses to the landlord’s complaint that you might file instead of an answer. For example, if you believe that your landlord did not properly serve the summons and the complaint, you might file a motion to Quash Service of Summons. if you believe that the complaint has some technical defect or does not properly allege

the landlord’s right to evict you, you might file a demurrer. It is important that you obtain advice from a lawyer before you attempt to use these procedures. if you don’t file a written response to the landlord’s complaint by the end of the fifth day, the court will enter a default judgment in favor of the landlord. A default judgment allows the landlord to obtain a writ of possession (see page 77), and may also award the landlord unpaid rent, damages and court costs. the Clerk of Court will ask you to pay a filing fee when you file your written response. the filing fee typically is about $180. however, if you can’t afford to pay the filing fee, you can request that the Clerk allow you to file your response without paying the fee (that is, you can request a waiver of the fee). An application form for a fee waiver, called an “application for Waiver of court fees and costs,” can be obtained from the Clerk of Court or online at www.courtinfo.ca.gov/cgi-bin/ forms.cgi (Form 982a(17)).306 After you have filed your written answer to the landlord’s complaint, the Clerk of Court will mail to both you and the landlord a notice of the time and place of the trial. if you don’t appear in court, a default judgment will be entered against you. Special rules for tenants in the military: A servicemember may be entitled to a stay (delay) of an eviction action for 90 days. this rule applies to the servicemember and his or her dependents (such as a spouse or child) in a residential rental unit with rent of $2,400 per month or less. the servicemember’s ability to pay rent must be materially affected by military

service. the judge may order the stay on his or her own motion or upon request by the servicemember or a representative. the judge can adjust the length and terms of the delay as equity (fairness) requires.307

eviction of “unnamed occupants”
sometimes, people who are not parties to the rental agreement or lease move into the rental unit with the tenant or after the tenant leaves, but before the unlawful detainer lawsuit is filed. When a landlord thinks that these “occupants” might claim a legal right to possess the rental unit, the landlord may seek to include them as defendants in the eviction action, even if the landlord doesn’t know who they are. in this case, the landlord will tell the process server to serve the occupants with a Prejudgment claim of right to Possession form at the same time that the eviction summons and complaint are served on the tenants who are named defendants.308 see additional discussion of “unnamed occupants” and Claim of Right to possession forms on pages 89–90.

Before the court hearing
before appearing in court, you must carefully prepare your case, just as an attorney would. Among other things, you should:

• be mindful that when you have been served

with the summons and complaint, you have five days in which to file an answer. You should carefully read the summons, which will have very specific information on how to answer the complaint and the strict timelines. (please refer to page 73 of this manual.)
Continued on page 76

306

The application form is Judicial Council Form 982(a)(17). You should qualify for a fee waiver if you receive benefits under the SSI/SSP, CalWORKs/TANF, Food Stamp or General Relief/General Assistance program, or if your gross monthly household income for a family of four is less than $2,296.88. You also may qualify for fee waiver if your income is not enough to pay for the common necessaries of life and also pay court fees and costs.

Ed. Cont. Code of Civil Procedure Section 1170.52 (Cal. Code of Civil Procedure Section 2030. Code of Civil Procedure Section 2031. Code of Civil Procedure Section 2033. Ed.8. once you have been served. you must
follow strict timelines applicable to evictions in California. and intend to use the discovery process as a tool.260(b).010. 2031.309 Available discovery procedures in unlawful detainer actions include oral depositions.316
309 310 311 312 313 314 315 316
Code of Civil Procedure Section 1170. Paragraph 23.314 All discovery must be completed on or before the fifth day before the date set for trial. Cont.312 and requests for admissions.discovery in Unlawful detainer cases
each of the four available discovery procedures requires a minimum of five days’ notice to the landlord before the landlord is required to respond. 2031. Code of Civil Procedure Section 2024.020(b)(c). You must allow five days for your request to be received by the landlord.1-23.310 written interrogatories.020(c). Bar 2009) for a day-by-day timeline. and places. the landlord then has five days to respond to your request. All of the discovery must be completed at least five days before the date of the trial.040(b). California Eviction Defense Manual.311 inspection of the landlord’s records. the landlord must comply with your request for discovery within five days. The time periods discussed assume that no orders are obtained shortening or extending time. things.
75
. Moskovitz.270(b). Code of Civil Procedure Section 2025.8 (Cal. See also Moskovitz. Paragraph 23. you may
begin your discovery by mailing any discovery requests.260(b).8.315
• if you intend to defend your case.313 under these rules.
• the discovery process works in five-day increments. Bar 2009). California Eviction Defense Manual.

California Eviction Defense Manual. However. second.
76
. California Tenants’ Rights. the landlord must file the Request to Set Case for Trial form. the court will set the trial automatically. if the landlord wins. there are several good reasons for this recommendation: first. in addition. the losing party will have to pay all of the jury costs. in others. Ed. You must pay witness fees at the time the subpoena is served on the witness. this will help you understand the legal issues in your case and the evidence that you will need. pages 291-293 (NOLO Press 2007). See Portman and Brown.
will file a document called a memorandum to Set case for trial (officially called a “Request/ Counter-Request to set Case for trial” form (Judicial Council Form ud-150). (Grafton Partners LP v. the tenant will have to move. You can subpoena a witness who will not testify voluntarily. and any proven damages. for a losing tenant to convince the court to allow the tenant to remain in the rental unit.Rptr. Section 25. however. such as overdue rent or the cost of repairs if the tenant damaged the premises. presenting a case to a jury is more complex than presenting a case to a judge. and a nonlawyer representing himself or herself may find it very difficult. tenant advisers usually recommend that you not request a jury trial. You can obtain a subpoena from the Clerk of Court. Superior Court (PricewaterhouseCoopers LLP (2005) 36 Cal. and copies for your witnesses. usually the landlord
317
The lease or rental agreement cannot require that the tenant waive the right to a jury trial before a dispute arises. and either party can request one. Moskovitz. A subpoena is an order from the court for a witness to appear.319
• decide how you will present the facts that
• have at least five copies of all documents that
you intend to use as evidence—an original for the judge. or other evidence.3d 5]. the court may order the tenant to pay the landlord’s court costs and attorney’s fees. if the witness requests them.
after the court’s decision
if the court decides in favor of the tenant. a copy for the court clerk. or legal aid organization. photographs or video. tenant organization. and third. Cont.) support your side of the case—whether by witnesses.1 (Cal. and if you are not represented by a lawyer. the tenant will not have to move. letters.
• Request discovery of the evidence that may
be helpful to your case or to preparing a defense. the lease or rental agreement can require that any dispute that arises be submitted to arbitration. and can be served by anyone but you who is over the age of 18.
attorney. the tenant will have to pay any rent that the court orders. and the landlord may be ordered to pay the tenant’s court costs (for example. if not.317 After you have filed your answer to the landlord’s complaint.)318 this document will indicate whether the plaintiff (landlord) has requested a jury trial. other documents. a copy for yourself.4th 944 [32 Cal.)
318 319
In some counties. but rare. this is called relief
• Ask witnesses who will help your case to
the parties to an unlawful detainer lawsuit have the right to a jury trial. it is possible. the party requesting a jury trial will be responsible for depositing the initial cost of jury fees with the court.Continued from page 74
• talk with a housing clinic. filing fees) and the tenant’s attorney’s fees. testify at the trial. (see “discovery in unlawful detainer Cases” page 75. a copy for the opposing party. the subpoena must be served on (handed to) the witness. Bar 2008).

you have five days to move. and you do not move out. California Practice Guide.from forfeiture of the tenancy. who can charge you reasonable storage fees. and that the landlord will not suffer irreparable harm. the tenant must convince the court of two things in order to obtain relief from forfeiture: that the eviction would cause the tenant severe hardship. so long as possession of the unit has not been turned over to the landlord. if the court grants the request for a stay of enforcement. the sheriff will remove you from the rental unit and place the landlord in possession of it.322
A landlord who loses an unlawful detainer lawsuit also may appeal the judgment. the landlord can
320 321
Code of Civil Procedure Section 1179.324 the writ of possession instructs you that you must move out by the end of the fifth day after the writ is served on you.320 A tenant can obtain relief from forfeiture of a lease or a rental agreement. the sheriff will serve you with a copy of the writ of possession.
Writ of possession
if a judgment is entered against you and becomes final (for example. A tenant seeking relief from forfeiture (or the tenant’s attorney) must apply for relief immediately after the court issues its judgment in the unlawful detainer lawsuit.
77
. unless the tenant obtains a stay of enforcement of the judgment or relief from forfeiture (described immediately above).020. the sheriff will return and physically remove you. if you do not reclaim these belongings within 18 days. the sheriff may either remove them or have them stored by the landlord. the tenant will have to move before the appeal is heard. if you have not moved by the end of the fifth day. The court may order relief from forfeiture only on condition that the tenant pay all of the rent due (or fully comply with the lease or rental agreement).010(b)(2). Landlord-Tenant.020(c).326 if your belongings are still in the rental unit. the court will not grant the tenant’s request for a stay of enforcement unless the court finds that the tenant or the tenant’s family will suffer extreme hardship.321 A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. it will order the tenant to make rent payments to the court in the amount ordered by the court. The court also may order relief from forfeiture on its own motion. even if the tenancy has terminated (ended). and that the tenant is able to pay all of the rent that is due or that the tenant will fully comply with the lease or rental agreement. Paragraph 9:444-9:445. before evicting you. Code of Civil Procedure Section 715. if the landlord either is present in court or has been given proper notice. Code of Civil Procedure Section 715. if you do not appeal or if you lose on appeal). The tenant’s written petition must be served on the landlord at least five days before the date of the hearing on the request for relief. If the tenant does not have an attorney.323 the landlord can deliver this legal document to the sheriff. (Code of Civil Procedure Section 1179).010. the tenant may orally apply to the court for relief.1(Rutter Group 2009).
322 323 324 325 326
Code of Civil Procedure Section 1176. however. Code of Civil Procedure Section 715. the court will issue a writ of possession to the landlord. Code of Civil Procedure Section 715. who will then forcibly evict you from the rental unit if you don’t leave promptly. After you are served with the writ of possession. and that if you do not move out.325 the cost of serving the writ of possession will be added to the other costs of the suit that the landlord will collect from you.

Cont. the landlord can ask the court to enter a default judgment against the tenant.030. the sheriff’s cost will also be added to the judgment. California Eviction Defense Manual. Cont. and may make it possible for a tenant to reopen a default judgment and defend the unlawful detainer action..16 (Cal. “How to Get Back Possessions You Have Left in a Rental Unit. Civil Code Sections 1965.5-8:518. Ed. Moskovitz et al. which the landlord can collect from you.(c). Servicemembers Civil Relief Act. Bar 2009). Filing bankruptcy is a serious decision with many long-term consequences beyond the eviction action. Bar 2009).dca. Cont. surprise. See Moskovitz et al. For example. much of what the public knows about bankruptcy has been changed by the bankruptcy Abuse prevention and Consumer protection Act of 2005. Section 12. 12. Landlord-Tenant. Moskovitz. A tenant who is thinking about filing bankruptcy because of the threat of eviction. California Landlord-Tenant Practice. or for some other very good reason.7-13. the tenant may have received the summons and complaint. see California Practice Guide. Ed.(b).ca.
78
. (Rutter Group 2009).
328 329 330 331
Code of Civil Procedure Section 473(b). Sections 13. bankruptcy is a complicated legal specialty and explaining it is beyond the scope of this booklet. 1988. the tenant then will receive a notice of judgment. California Landlord-Tenant Practice.12 (Cal.(g) and Judicial Council Form 982(a)(6). it is even possible (but not likely) that the tenant was never served with the landlord’s summons and complaint. Chapter 14 (Cal. and has a good chance to win at trial. See the Department of Consumer Affairs’ Legal Guides LT-4. and a writ of possession as described above. in addition. See California Practice Guide.
Setting aside a default judgment
if the tenant does not file a written response to the landlord’s complaint. Ed.328 A tenant who wants to ask the court to set aside a default judgment must act promptly. where the tenant has a valid reason for not responding to the landlord’s complaint. and then can either sell them at auction or keep them (if their value is less than $300). or a tenant organization. Ed.14 (Cal.” and LT-5.” These Legal Guides are available on the Department of Consumer Affairs’ Web site. a legal aid organization. should consult a bankruptcy expert and carefully weigh the expert’s advice.330
a word about bankruptcy
some tenants think that filing a bankruptcy petition will prevent them from being evicted. “Options for a Landlord: When a Tenant’s Personal Property has Been Left in the Rental Unit.gov.15. 1174(h).327 if the sheriff forcibly evicts you. Cont. the tenant can ask the court to set aside the default judgment. Common reasons for seeking to set aside a default judgment are the tenant’s (or the tenant’s lawyer’s) mistake. there are many reasons why a tenant might not respond to the landlord’s complaint. Sections 12. California Eviction Defense Manual. in situations such as these. this is not always true. Landlord-Tenant. Bar 2009). Paragraphs 8:518. inadvertence. 50 United States Code Appendix Sections 521(a). however.mail you a notice to pick them up. Chapter 10. setting aside a default judgment can be a complex legal proceeding. or excusable neglect..7 (Rutter Group 2009). acted promptly in making the request. but was not able to respond because the tenant was ill or incapacitated. here is some basic information about bankruptcy as it relates to unlawful detainer proceedings:331
327
Code of Civil Procedure Sections 715. the tenant
should be able to show the court that he or she has a satisfactory excuse for the default. See Moskovitz. Special rules for tenants in the military may make it more difficult for a landlord to obtain a default judgment against the tenant. or for any reason. www.329 A tenant who thinks that grounds exist for setting aside a default judgment should first seek advice and assistance from a lawyer. Bar 2009).

335 landlord’s eviction action is based on the tenant’s endangering the rental property or using illegal controlled substances on the property. dismissed. and if the landlord files a required certification with the bankruptcy court.332 for permission to proceed with the unlawful detainer action (called “relief from the automatic stay”). in some cases. the landlord’s action is said to be retaliatory because the landlord is punishing the tenant for the tenant’s exercise of a legal right. Section 14. if the tenant neglects to pay fees or file necessary schedules and financial information. Ed. Civil Code Section 1942. Moskovitz et al.338 the law infers (assumes) that the landlord has a retaliatory motive if the landlord seeks to evict the tenant (or takes other retaliatory action) within six months after the tenant has exercised any of the following tenant rights:339
• the automatic stay may continue in effect until
the bankruptcy case is closed. the automatic stay prevents the landlord from taking steps such as serving a three-day notice or filing the action. on the other hand.• A tenant who files a bankruptcy petition after
october 17. causes unreasonable delay that harms the landlord. pages 41–42) or has complained about a problem in the rental unit. 11 United States Bankruptcy Code Section 362(d).334 the landlord from enforcing an unlawful detainer judgment that was obtained before the tenant’s petition was filed.. or completed. 11 United States Code Sections 362(b)(22). the bankruptcy court may lift the stay if the landlord shows that he or she is entitled to relief.32 (Cal. the law offers tenants protection from retaliatory eviction and other retaliatory acts. 362(m)(1). in either situation.
79
. eVictioNS. or files the case in bad faith. 2005 (the effective date of the 2005 bankruptcy Act) normally is entitled to an immediate automatic stay (delay) of a pending unlawful detainer action. 11 United States Code Section 362(c).
336 337 338 339
11 United States Code Sections 362(b)(23).333
stay normally will remain in effect. however.5. Cont. which provide protection for the tenant if there are circumstances which would allow the tenant to cure the money damages or where the tenant has deposited with the clerk of the court any rent due after the filing of the bankruptcy. for 15 days after the landlord files the certification with the court. aNd diScrimiNatioN retaliatory actions and evictions
A landlord may try to evict a tenant because the tenant has exercised a legal right (for example.337
• the landlord may petition the bankruptcy court
retaLiatorY actioNS. the landlord may raise the tenant’s rent or otherwise seek to punish the tenant for complaining or lawfully exercising a tenant right. or. 362(l)(1).5. the
• the automatic stay normally does not prevent
• the automatic stay does not apply if the
332 333 334 335
11 United States Code Section 362(a)(1)-(3) and 11 United States Code Section 362(b)(22). the tenant may be able to keep the stay in effect for 30 days after the petition is filed. if the landlord hasn’t already filed the unlawful detainer action. using the repair and deduct remedy. California Landlord-Tenant Practice.336
• A bankruptcy case can be dismissed for
“cause”—for example.(d). Civil Code Section 1942. Bar 2009). however.

Landlord-Tenant.• using the repair and deduct remedy. real estate broker. by the same token.
• Causing an appropriate public agency to
inspect the rental unit or to issue a citation to the landlord.38 (Cal. if you have a problem with your rental unit. evicting. see California Practice Guide. or to an appropriate public agency after giving the landlord notice. California Practice Guide. Cont. and that the tenant has not used the defense of retaliation more than once in the past 12 months. the tenant must prove that he or she engaged in the protected activity.340 even if the landlord proves that he or she has a valid reason for the eviction.(b). talk with an attorney or legal aid organization. California Landlord-Tenant Practice. 7:391-7:394 (Rutter Group 2009). then the landlord must produce evidence that he or she did not have a retaliatory motive. or telling • Complaining about the condition of the rental
the landlord that the tenant will use the repair and deduct remedy. in these circumstances. A tenant can also assert retaliation as a defense to eviction if the tenant has lawfully organized or participated in a tenants’ organization or protest. An attorney also may be able to advise you about other defenses. the judge or jury then must decide whether the landlord’s action was retaliatory or was based on a valid reason.2 (a).
• Aided or encouraged a person to exercise
A tenant who can prove that the landlord’s eviction action is based on a discriminatory motive has a defense to the unlawful detainer action.
retaliatory discrimination
A landlord. or otherwise discriminating against a person in the sale or renting of housing when the “dominant purpose” is to retaliate against a person who has done any of the following:343
• Filing a lawsuit or beginning arbitration based
on the condition of the rental unit. Ed. the tenant must prove that he or she exercised one or more of these rights within the six-month period.
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. managing agent. if the tenant produces all of this evidence. and that the landlord’s conduct was retaliatory.
properly taken against your landlord. the tenant can prove retaliation by showing that the landlord’s effort to evict the tenant is not in good faith. Paragraphs 7:368-7:380 (Rutter Group 2009).344
resolvIng ProBleMs
taLK WitH YoUr LaNdLord
Communication is the key to avoiding and resolving problems. 12955. Section 12. or has lawfully exercised any other legal right.5(c). A tenant who is the victim of retaliatory discrimination also has a cause of action for damages under the Fair employment and housing Act.. or salesperson violates California’s Fair employment and housing Act by harassing. it’s usually best to talk with your landlord before taking other action. Paragraphs 7:205. that the tenant’s rent is current. the landlord (or the landlord’s agent or manager)
Civil Code Section 1945.341 if both sides produce the necessary evidence. Moskovitz et al.
in order for the tenant to defend against eviction on the basis of retaliation. Your landlord may be willing to correct the problem or to work out a solution. Civil Code Section 1942.
• informed law enforcement officials of practices
that the person believes are unlawful under the Act.7. Bar 2009).342 if you feel that your landlord has retaliated against you because of an action that you’ve
340 341 342 343 344
• opposed practices that are unlawful under
the Act. or rights protected by the Act. Government Code Section 12955(f). Landlord-Tenant. unit to the landlord.

its effect on you. both parties should bear in mind that each has the duty to deal with the other fairly and in good faith (see page 22). You may also obtain information from the California department of Consumer Affairs’ Consumer information Center at (800) 952-5210 or (916) 445-1254. call (800) 3262297 or (916) 322-1700. the letter or e-mail should describe the problem. trying to work out problems benefits everybody. you should write a letter or send an e-mail to the landlord.ca. such as a property manager.
81
. Check which of the following agencies are available in your area. the tenant may be willing to correct the problem once he or she understands the landlord’s concerns. how long the problem has existed. negotiation. and what you would like the landlord to do. address and telephone number of the owner and the property manager. Government listings in the white pages of the phone book. and acceptable compromise. remember: the landlord and the tenant discussing problems with each other can prevent little problems from becoming big ones. see the City • local tenant association. it’s helpful to involve someone else. and if the problem is the landlord’s responsibility (see pages 36–40). if you have been dealing with an agent of the landlord.
gettiNg HeLP from a tHird PartY
Many resources are available to help tenants and landlords resolve problems. see the City and County
Government listings in the white pages of the phone book. the length of time that you should wait for the landlord to act depends on the seriousness of the problem. if discussing the problem with the landlord doesn’t solve it. and County Government listings in the white pages of the phone book. 1962. or the person who is authorized to receive legal notices for the owner. see list on page 91. or if the landlord disagrees with your complaint. sometimes. 30 days is considered appropriate unless the problem is extremely serious. 1962. you may want to directly contact the owner of the rental unit.should discuss problems with the tenant before taking formal action. You should keep a copy of this letter or e-mail. see the County • City or county rent control board. You can also visit the department of Consumer Affairs’ Web site at www. if the problem truly cannot be resolved by discussion. see the
City and County Government listings in the white pages of the phone book. or rental housing
or apartment association. you may need to use one of the tenant remedies that are discussed in this booklet (such as the repair and deduct remedy. if you don’t hear from the landlord after you send the letter or e-mail.gov. or call or write them for information or assistance:
• local consumer protection agency. or obtain legal assistance.345 You can also contact your County Assessor’s office for this information. then each party can look to the remedies provided by the law. what you may have done to remedy the problem or limit its effect. Check the white (business) and Yellow pages in the phone book. pages 41–42).
such as a mutual friend or a trained arbitrator or mediator (see page 82).
• local housing agency. normally. see page 99. must be written in your rental agreement (or lease) or posted conspicuously in the building.5.
345
Civil Code Sections 1961. review their Web sites to determine if they can offer you assistance.
• local dispute resolution program.
• local tenant information and assistance
resources. For tdd.
• local district attorney’s office. the name. to order a
county-by-county list.dca.

since the bankruptcy will be part of the tenant’s credit record for as long as 10 years. See 16 California Code of Regulation. it can have an extremely bad effect on the tenant’s future ability to rent property or to obtain credit. make false promises. this usually means that the clinic intends to file a bankruptcy petition for the tenant. tenants and landlords should always consider resolving their disputes by mediation or arbitration instead of a lawsuit. mediation involves assistance from an impartial third person.Many county bar associations offer lawyer referral services and volunteer attorney programs which can help a tenant locate a low-fee or free attorney. udAs must be registered with the County Clerk’s office in the counties where they have their principal place of business and where they do business. the goal of these services is to resolve disputes without the burden and expense of going to court. others are not legitimate. see page 99.
346 347 348
Business and Professions Code Sections 6400-6415. these clinics may promise to get a federal stay (also called an automatic stay) of an eviction action. if the landlord and tenant agree to submit their dispute to arbitration.) While this may stop the eviction temporarily. cheaper. See 16 California Code of Regulations Section 3890. While some of these clinics may be legitimate and provide good service. Legal aid organizations may provide eviction defense service to low-income tenants. than a court action. arbitration can be faster. called a mediator. some law schools offer free advice and assistance through landlord-tenant clinics. they will be bound by the decision of the arbitrator.
82
. some of these clinics may use high-pressure sales tactics. similar registration and contract cancellation requirements apply to legal document assistants.
arBitratioN aNd mediatioN
some local housing agencies refer landlordtenant disputes to a local dispute resolution center or mediation service. take your money. who decides the case.346 A tenant who signs a contract with a udA can cancel the contract within 24 hours after signing it. The contents of the legal document assistant’s contract for self-help services are governed by regulation. and then do nothing.347 legal document assistants (ldAs) are nonlawyers who type and file legal documents as directed by people who are representing
themselves in legal matters. tenants should be cautious about using so-called eviction defense clinics or bankruptcy clinics. and is usually less stressful and burdensome. obtain your signature on blank forms.348 the fact that a udA or an ldA is properly registered with the County Clerk does not guarantee that the udA or ldA has the knowledge or ability to help you. who helps the tenant and landlord reach a voluntary agreement on how to settle the dispute. unless they agree to nonbinding arbitration. unlawful detainer assistants (udAs) are non-lawyers who are in business to provide advice and assistance to landlords and tenants on unlawful detainer issues. The contents of the unlawful detainer assistant’s contract are governed by regulation. arbitration involves referral of the dispute to an impartial third person. While arbitration is more formal than mediation. called an arbitrator. to obtain a county-by-county listing of dispute resolution services. Business and Professions Code Sections 6400-6415. the mediator normally does not make a binding decision in the case. Business and Professions Code Section 6410(e). and less stressful than going to court. (see page 78. Section 3950. Mediation is almost always faster. Mediation services are listed in the yellow pages of the telephone book under Mediation Services.

.

29. For example. (74. An arbitrator is not a judge. the landlord usually must give the tenant 30 days’ advance written notice that the landlord is increasing the amount of the security deposit. A credit report shows. (82) decision (the decision is said to be “binding” on the parties). 49–52) appeal—a request to a higher court to review a lower court’s decision in a lawsuit. usually. who hears and decides the person pays his or her bills on time. but the parties normally must follow the arbitrator’s
84
. the occupants can use this form only if: the landlord did not serve a Prejudgment claim of right to Possession form with the summons and complaint. the original tenant is still responsible to the landlord if the new tenant doesn’t live up to the lease obligations. compare to mediator.) (82) assign/assignment—an agreement between the original tenant and a new tenant by which the new tenant takes over the lease of a rental unit and becomes responsible to the landlord for everything that the original tenant was responsible for. (77) application for Waiver of court fees and costs—a form that tenants may complete and give to the Clerk of Court to request permission to file court documents without paying the court filing fee. (74) arbitration—using a neutral third person to resolve a dispute instead of going to court.] abandon/abandonment—the tenant’s remedy of moving out of a rental unit that is uninhabitable and that the landlord has not repaired within a reasonable time after receiving notice of the defects from the tenant. which are reported for 10 years). (33. agreed to by bankruptcies. the occupants were not named in the writ of possession. 89)
credit report—a report prepared by a credit reporting agency that describes a person’s credit history for the last seven years (except for arbitrator—a neutral third person. (35–36) (see novation. whether the parties to a dispute. (4. the parties must follow the arbitrator’s decision. the number at the end of each explanation refers to the page or pages in the text where the term is discussed.G lossary
[All words in boldface type are explained in this Glossary. and the occupants have lived in the rental unit since before the unlawful detainer lawsuit was filed. for example. compare to sublease. 42) amount of notice/amount of advance notice—the number of days’ notice that must be given before a change in the tenancy can take effect.) (36) california department of fair employment and Housing—the state agency that investigates complaints of unlawful discrimination in housing and employment. has a dispute. unless the parties have agreed otherwise. (see arbitration. 15. in a month-to-month tenancy. (14) claim of right to Possession—a form that the occupants of a rental unit can fill out to temporarily stop their eviction by the sheriff after the landlord has won an unlawful detainer (eviction) lawsuit. the amount of advance notice is the same as the number of days between rent payments.

such as a person who stays in a transient hotel for fewer than seven days. (74) demurrer—a legal response that a tenant can file in an unlawful detainer lawsuit to test the legal sufficiency of the charges made in the landlord’s complaint. 67-71) credit reporting agency—a business that keeps records of people’s credit histories. A high credit score (for example. (29. or providing segregated housing because of a person’s race. to be withdrawn only when the landlord has corrected uninhabitable conditions in the rental unit or when the tenant is ordered by a court to pay withheld rent to the landlord. (3) habitable—a rental unit that is fit for human
85
. source of income. Credit scoring uses a statistical program to compare a person’s history of bill paying. (9) default judgment—a judgment issued by the court. (11–15) dishonored check—a check that the bank returns to the payee (the person who received the check) without paying it. ancestry. (8. and is subject to court judgments. 28. or whether there
are children under the age of 18 in the person’s household. sexual orientation. childbirth or medical conditions related to them. or.) (9) credit score—a numerical summary of a person’s credit worthiness that is based on information from a credit reporting agency. sex (including pregnancy. including an eviction proceeding. collection actions and other credit information with the credit performance of other consumers. harassing a person in connection with housing accommodations. after the tenant has failed to file a response to the landlord’s complaint. (14) federal stay (or automatic stay)—an order of a federal bankruptcy court that temporarily stops proceedings in a state court. credit accounts. and that reports credit history information to prospective creditors (including landlords). national origin. telling a person that housing is not available (when the housing is actually available at that time). 300–400) indicates a potential credit risk.(9) (see also tenant screening service. 68) fair housing organizations—city or county organizations that help renters resolve housing discrimination problems. providing housing under inferior terms. as well as gender and perception of gender). (75. the three-day notice usually instructs the tenant to either leave the rental unit or comply with the lease or rental agreement (for example. whether the person is married. 750 and up) indicates that a person is a better credit risk. and a low score (for example.delinquent or charged-off accounts. without a hearing. this is called a “bounced” or “nsF” check. by paying past-due rent) within the three-day period. medical condition. (74) discovery —the process through which parties to an action are allowed to obtain relevant information known to other parties or non-parties before trial. the bank may return the check because the payor’s (the check writer’s) account did not have enough money to cover the check. religion. discrimination also can be refusal to make reasonable accommodation for a person with a disability. has been sued. 82) guest—a person who does not have the rights of a tenant. (79. color. (44) eviction—a court-administered proceeding for removing a tenant from a rental unit because the tenant has violated the rental agreement or lease. or did not comply with a notice ending the tenancy (also called an “unlawful detainer” lawsuit). age. disability. (68) eviction notice (or three-day notice)—a three-day notice that the landlord serves on the tenant when the tenant has violated the lease or rental agreement.76) discrimination (in renting)—denying a person housing. the bank may return the check because the payor stopped payment on it. (29) escrow account—a bank account into which a tenant deposits withheld rent.

(36) occupant—a person who is not named as a tenant in the rental agreement or lease who has moved into a rental unit before the landlord files an unlawful detainer (eviction) lawsuit.) (82) memorandum to Set case for trial—a court document filed in an unlawful detainer lawsuit requesting that the case be set for trial. the owner can enter all areas occupied by the lodger. (2. Compare to periodic rental agreement. the mediator’s decision normally is not “binding” on the parties. (9) landlord—a business or person who owns a rental unit. (82) mediator—a neutral third person. (36-37) holding deposit—a deposit that a tenant gives to a landlord to hold a rental unit until the tenant pays the first month’s rent and the security deposit.” see uninhabitable and implied warranty of habitability.82) lockout—when a landlord locks a tenant out of the rental unit with the intent of terminating the tenancy. are illegal. a novation is an agreement by the landlord. agreed to by the parties to a dispute. (27) novation—in an assignment situation.4) mediation—a process in which a neutral third person meets with the parties to a dispute in order to assist them in formulating a voluntary solution to the dispute. since the landlord does not know that the occupant is living in the rental unit. 28) lease—a rental agreement. (see mediation. called a tenant. (14. (10) implied warranty of habitability—a legal rule that requires landlords to maintain their rental units in a condition fit for human beings to live in. the original tenant. six months or one year). compare to arbitrator. lockouts. and the new tenant that makes the new tenant (rather than the original tenant) solely responsible to the landlord. (33. this document also states whether the plaintiff (the landlord) has requested a jury trial. A rental unit must substantially comply with building and housing code standards that materially affect tenants’ health and safety. 89)
86
. (72)
lodger—a person who lives in a room in a house where the owner lives. representation. the basic minimum requirements for a rental unit to be habitable are listed on pages 37-38. failure to use ordinary or reasonable care) that results in injury to another person or damage to another person’s property. A rental unit that substantially complies with building and safety code standards that materially affect tenants’ health and safety is said to be “habitable. and has overall control of the house. (74. that establishes all the terms of the agreement and that lasts for a predetermined length of time (for example. 55-58) item of information—information in a credit report that causes a creditor to deny credit or take other adverse action against an applicant (such as refusing to rent a rental unit to the applicant).beings to live in. (2. and all other self-help eviction remedies. initial inspection—an inspection by the landlord before the tenancy ends to identify defective conditions that justify deductions from the security deposit. (73) negligence—a person’s carelessness (that is. (15. the landlord may not name the occupant as a defendant in the unlawful detainer lawsuit. and who rents or leases the rental unit to another person. who meets with the parties in order to assist them in formulating a voluntary solution to the dispute. 28) legal aid organizations—organizations that provide free legal advice. (76) motion to Quash Service of Summons—a legal response that a tenant can file in an unlawful detainer lawsuit if the tenant believes that the landlord did not properly serve the summons and complaint. and other legal services in noncriminal cases to economically disadvantaged persons. usually in writing.

(7) relief from forfeiture—an order by a court in an unlawful detainer (eviction) lawsuit that allows the losing tenant to remain in the rental unit. 89) prepaid rental listing services—businesses that sell lists of available rental units. (see lease and periodic rental agreement. 90) rent withholding—the tenant’s remedy of not paying some or all of the rent if the landlord does not fix defects that make the rental unit uninhabitable within a reasonable time after the landlord receives notice of the defects from the tenant. seeking to evict a tenant. but who claim a right to possess the rental unit. such as losses from theft or fire. 71)
87
. (74. (8) rental period—the length of time between rent payments. this insurance usually also protects the tenant against liability (legal responsibility) for claims or lawsuits filed by the landlord or by others alleging that the tenant negligently injured another person or property. 31. telephone number. 15-17)
rental application form—a form that a landlord may ask a tenant to fill out prior to renting that requests information about the tenant.) (8. which establishes the terms of the tenancy. such as the tenant’s address. based on the tenant’s convincing the court that the eviction would cause the tenant severe hardship and that the tenant can pay all of the rent that is due. (43) rental agreement—an oral or written agreement between a tenant and a landlord. (27) repair and deduct remedy—the tenant’s remedy of deducting from future rent the amount necessary to repair defects covered by the implied warranty of habitability. and the like. or that limit the circumstances in which a tenant can be evicted. the amount deducted cannot be more than one month’s rent. can fill out and file this form to become parties to the unlawful detainer action. (23. a week or a month—but not the total number of weeks or months that the agreement will be in effect. 31) Prejudgment claim of right to Possession—a form that a landlord in an unlawful detainer (eviction) lawsuit can have served along with the summons and complaint on all persons living in the rental unit who might claim to be tenants. (32. 36) renter’s insurance—insurance protecting the tenant against property losses. made before the tenant moves in. if the tenant moves out owing rent or leaves the unit damaged or less clean than when the tenant moved in. (76-77) rent control ordinances—laws in some communities that limit or prohibit rent increases. (27. for example. (41. for example. but whose names the landlord does not know. 48) serve/service—legal requirements and procedures that seek to assure that the person to whom a legal notice is directed actually receives it. the landlord can use the security deposit. (2. 79-81) security deposit—a deposit or a fee that the landlord requires the tenant to pay at the beginning of the tenancy. 31. credit references. duplex.45. such as raising a tenant’s rent. a week or a month. 28. such as the amount of the rent and when it is due.periodic rental agreement—an oral or written rental agreement that states the length of time between rent payments—for example. (15. house. (24. or has asserted other tenant rights. employment history. or condominium that a landlord rents to a tenant to live in. or otherwise fully comply with the lease. 79) retaliatory eviction or action—an act by a landlord. or otherwise punishing a tenant because the tenant has used the repair and deduct remedy or the rent withholding remedy. (15) rental unit—an apartment. 15. occupants who are not named in the unlawful detainer complaint.

national or ethnic origin. whether they were the subject of an unlawful detainer lawsuit. 65-68)
uninhabitable—a rental unit which has such serious problems or defects that the tenant’s health or safety is affected. the tenant obtains the right to the exclusive use and possession of the rental unit during the lease or rental period. created by a rental agreement between the landlord and the tenant. department of Housing and Urban development—the federal agency that enforces the federal fair housing law. (14) waive—to sign a written document (a waiver) giving up a right. (9) three-day notice—see eviction notice. that he or she is giving up. (76) subtenant—see sublease. (9. if it fails to substantially comply with building and safety code standards that materially affect tenants’ health and safety. claim. (Compare to assignment. (55. 64. (29. (2. 70) writ of possession—a document issued by the court after the landlord wins an unlawful detainer (eviction) lawsuit.” the agreement between the original tenant and the landlord remains in force. claim. or the sheriff will forcibly remove the tenant. (Compare to habitable. the writ informs the tenant that the tenant must leave the rental unit by the end of five days. 30-day notice—a written notice from a landlord to a tenant telling the tenant that the tenancy will end in 30 days. and whether landlords considered them good or bad tenants. the writ of possession is served on the tenant by the sheriff. in order for a waiver to be effective. A 60day notice usually does not have to state the landlord’s reason for ending the tenancy. 74)
88
. 49-51. privilege. etc. religion. (73. etc. if it contains a lead hazard. 72-78) U. whether they damaged previous rental units. and must know the right. the new tenant is called a “subtenant. which prohibits discrimination based on sex. the person giving the waiver must do so knowingly. tenancy—the tenant’s exclusive right. privilege. familial status. A rental unit may be uninhabitable if it is not fit for human beings to live in. to use and possess the landlord’s rental unit. and the original tenant continues to be responsible for paying the rent to the landlord and for other tenant obligations. race.60-day notice—a written notice from a landlord to a tenant telling the tenant that a periodic tenancy will end in 60 days. (49-51) sublease—a separate rental agreement between the original tenant and a new tenant to whom the original tenant rents all or part of the rental unit.) (36-40) unlawful detainer lawsuit—a lawsuit that a landlord must file and win before he or she can evict a tenant (also called an eviction lawsuit).) (35-36) subpoena—an order from the court that requires the recipient to appear as a witness or provide evidence in a court proceeding. A 30-day notice usually does not have to state the landlord’s reason for ending the tenancy. 28) tenant screening service—a credit reporting agency that collects and sells information on tenants. (15) tenant—a person who rents or leases a rental unit from a landlord. or handicap. such as whether they paid their rent on time. or if it is a dangerous substandard building. color.S.

the landlord can instruct the process server who serves the summons and complaint on the named defendants to ask whether there are other occupants living in the unit who have not been named as defendants. As a result. and to pay the clerk the required filing fee (or file an application for Waiver of court fees and costs if they are unable to pay the filing fee (see page 74)).3.46. these occupants are not named in the writ of possession if the landlord wins the unlawful detainer action. and must file an answer to the complaint within five days after filing the form.a ppendiCes
aPPendIX 1 — occuPants not naMed In evIctIon lawsuIt or wrIt oF PossessIon
occUPaNtS Not Named iN eVictioN LaWSUit
people who are not named as tenants in the rental agreement or lease sometimes move into a rental unit before the landlord files the unlawful detainer (eviction) lawsuit. Code of Civil Procedure Section 1174. whether or not the occupant is named in the writ of possession issued by the court. Any unnamed occupant who does not file a prejudgment Claim of Right to possession form with the Clerk of Court (along with the filing fee or a request for waiver of the fee) can then be evicted.349 these occupants then have 10 days from the date they are served to file a prejudgment Claim of Right to possession form with the Clerk of Court. the occupant cannot delay the eviction.) the landlord can take steps to avoid this result. the court then rules on the occupant’s defense to the eviction along with the defenses of the other defendants. (see writ of possession.351
349 350 351
Code of Civil Procedure Section 415.46. if there are. An unnamed occupant who files a prejudgment Claim of Right to possession form automatically becomes a defendant in the unlawful detainer lawsuit.350 if the landlord wins.
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. the landlord may not know that these people (called “occupants”) are living in the rental unit. and therefore may not name them as defendants in the summons and complaint.
the person serving the summons and complaint can serve each of the so-called “unnamed occupants” with a blank Prejudgment claim of right to Possession form and an extra copy of the summons and complaint. A sheriff enforcing the writ of possession cannot lawfully evict an occupant whose name does not appear on the writ of possession and who claims to have lived in the unit since before the unlawful detainer lawsuit was filed. page 77. Code of Civil Procedure Section 415.

if the court decides that the occupant’s claim to possession is valid. the court will hold a hearing. if the occupant does not deposit the 15 days’ rent. an occupant whose name does not appear on the writ of possession. the occupant may be given five days to answer the landlord’s complaint). the court will then order further proceedings. Landlord-Tenant. the amount of rent deposited will be returned to the occupant. may fill out a claim of right to Possession form and give it to the sheriff.
352 353
Code of Civil Procedure Section 1174. I: Rights & Responsibilities. the occupant also should deliver to the court an amount equal to 15 days’ rent for the rental unit (the writ of possession must state the daily rental value of the rental unit). the court will decide whether or not the occupant has a valid claim to possession. Warner and portman. Code of Civil Procedure Section 1174. Chapter 5 (Rutter Group 2009). and has deposited an amount equal to 15 days’ rent. Appendix C (nolo press 2009) and California Practice Guide.352 Within two business days after completing the form and giving it to the sheriff.occUPaNtS Not Named iN Writ of PoSSeSSioN
the landlord sometimes does not serve a prejudgment Claim of Right to possession form on the unnamed occupants when the unlawful detainer complaint is served. Vol. and who claims a right of possession. the sheriff must then stop the eviction of that occupant. as appropriate to the case (for example. an amount equal to the daily rent for each day the eviction was delayed will be subtracted from the rent that is returned to the occupant.3. At the hearing. The California Landlord’s Law Book.
if the court finds that the occupant’s claim to possession is not valid. the court will hold the hearing within five days. Five to 15 days after the occupant has paid the filing fee (or has filed a request for waiver of the fee). and the sheriff or marshal will continue with the eviction.353
aPPendIX 2—lIst oF cItIes wItH rent control
berkeley beverly hills Campbell east palo Alto Fremont hayward los Angeles los Gatos oakland palm springs san Francisco san Jose santa Monica thousand oaks West hollywood Westlake Village Resources on rent control ordinances include brown. When the sheriff arrives to enforce the writ of possession (that is.3. page 77]). to evict the tenants [see writ of possession. and must give the occupant a copy of the completed form or a receipt for it.
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. the occupant must deliver to the Clerk of Court the court’s filing fee (or file an Application for Waiver of Court Fees and Costs if the occupant is unable to pay the filing fee (see page 74)).

sheriff’s departments. this information will include either the address at which the offender resides or the community of residence and Zip Code in which he or she resides. to august 31. depending on an offender’s criminal history.92. and dust can pose health hazards if not managed properly. to march 31.000 or more. before renting pre-1978 housing. for example. 1999. english or spanish. 2005. lead exposure is especially harmful to young children and pregnant women.ca. Language required on and after april 1. english or spanish. information regarding neighborhoods is not available through the “900” telephone service. for example. Language required from September 1. this is a “900” telephone service. information about specified registered sex offenders is made available to the public via an internet Web site maintained by the department of Justice at www. the database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. Callers must have specific information about individuals they are checking.4 of the penal Code.gov.
24 code of federal regulations Section 35.10a (the notice used must be in at least 8-point type.46 of the penal Code. lessors must disclose the presence of lead-based paint and/or leadbased paint hazards in the dwelling. 2006: notice: pursuant to section 290. police departments serving jurisdictions of 200.)
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. lead from paint. the department of Justice also maintains a sex offender identification line through which inquiries about individuals may be made.
Lead diScLoSUre StatemeNt (See Page 22)
required by 24 code of federal regulations Section 35. (this notice must be in the language used in the contract.)
Language required from July 1. (this notice must be in the language used in the contract.92.)
Lead WarNiNg StatemeNt
housing built before 1978 may contain leadbased paint. paint chips. 2006: either the language above or as follows.meganslaw. lessees must also receive a federally approved pamphlet on lead poisoning prevention. and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of section 290.Lead WarNiNg StatemeNt (See Page 22)
aPPendIX 5—legallY reQuIred teXt oF notIces
megaN’S LaW Notice (See Page 20) civil code Section 2079. 2005: notice: the California department of Justice.

4852d and is aware of his/her responsibility to ensure compliance. Lessee’s Acknowledgment (initial) (c) ________ Lessee has received copies of all information listed above.C. to the best of their knowledge. (d) ________ Lessee has received the pamphlet Protect Your Family from Lead in Your Home. ________________________________________________________________________ ________________________________________________________________________ (ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. paint chips. Lead exposure is especially harmful to young children and pregnant women. and dust can pose health hazards if not managed properly. Agent’s Acknowledgment (initial) (e) ________ Agent has informed the lessor of the lessor’s obligations under 42 U. ________________________________________________________________________ ________________________________________________________________________ (ii) _____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint. Before renting pre-1978 housing. that the information they have provided is true and accurate. Lessor’s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) ______ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (b) Records and reports available to the lessor (check (i) or (ii) below): (i) ______ Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). ____________________________________ ____________________________________ Lessor Date Lessor Date ____________________________________ ____________________________________ Lessee Date Lessee Date ____________________________________ ____________________________________ Agent Date Agent Date
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. Lead from paint. Certification of Accuracy The following parties have reviewed the information above and certify. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.S. lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.

6. receipt. invoice. if a particular material or supply item is purchased by the landlord on an ongoing basis. (3) the cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. used or to be used for any purpose. but not limited to. (C) if a deduction is made for materials or supplies. the landlord shall provide the tenant a copy of the bill. and telephone number of the person or entity. “security” means any payment. caused by the tenant or by a guest or licensee of the tenant.) (g)(2) Along with the itemized statement. or return personal property or appurtenances. 2003.5(b)(1)-(4) (as of January 1. vendor price list.)
(b) As used in this section.WaiVer of rigHt to receiVe coPieS of iNVoiceS. the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises. if the security deposit is authorized to be applied thereto by the rental agreement. receipts. except as provided in section 1950. (4) to remedy future defaults by the tenant in any obligation under the rental agreement to restore. (b) if the landlord or landlord’s employee did not do the work. 2009). fee. (this text of the security deposit statute must accompany the landlord’s itemized statement of repairs or cleaning. any of the following: (1) the compensation of a landlord for a tenant’s default in the payment of rent. the landlord shall provide a copy of the bill. that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent. fee.
LaWfUL USeS of teNaNt’S SecUritY dePoSit (See Page 53) civil code Sections 1950. or good faitH eStimate (See Page 54)
civil code Section 1950. or receipt does not include that information. replace. exclusive of ordinary wear and tear. the itemized statement shall reasonably describe the work performed. the itemized statement shall include the time spent and the reasonable hourly rate charged. any payment. deposit or charge. or receipt. the waiver must “substantially include” this text of the security deposit statute. if the bill. 2009). the landlord may document the cost of the item by providing a copy of a bill. the amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant’s right to occupy begins after January 1. including. invoice. or a good faith estimate with the landlord’s itemized statement of deductions from the tenant’s security deposit.
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. including. deposit. (2) the repair of damages to the premises. as follows: (A) if the landlord or landlord’s employee did the work. or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit. address. (if the tenant waives the right to receive copies of invoices. receiPtS. but not limited to. or charge. invoice. exclusive of ordinary wear and tear.5(g)(2) (as of January 1. the itemized statement shall provide the tenant with the name. or receipt supplied by the person or entity performing the work. invoice.

If you still lawfully reside in the unit. You will be notified at least 90 days prior to any offering to sell. or stock cooperative project (whichever applies). and. (This notice must be printed in at least 14-point bold type. The rental unit may be sold to the public. community apartment project. you will be given a right of first refusal to purchase the unit. if it is offered for sale. _______________________________________ (signature of owner or owner's agent) _______________________________________ (dated)
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.) TO THE PROSPECTIVE TENANTS OF (address)
The unit you may rent has been approved for sale to the public as a condominium project.CONDOMINIUM CONVERSION NOTICE (See Page 24) Government Code Section 66459. your lease may be terminated.

including existing damage and wear and tear. stains. butter dish. you and your landlord or agent should conduct the initial inspection about two weeks before the end of the tenancy or lease term and fill out the “Condition upon initial inspection” section.
date:
if applicable
QUaLitY
item
note deterioration beyond reasonable use and wear for which tenant is alleged to be responsible.
this inventor y form is for the protection of both the tenant and the landlord. Additions to this form may be made as necessar y. but remember to include copies for both the landlord and the tenant. Among other things. both par ties should initial any additional pages after each inspection.)
Refrigerator (ice trays. if you request an initial inspection before you move out. burns. both you and the landlord or agent should receive a copy of the form following each inspection.iNVeNtorY cHecKLiSt (1 of 4)
the landlord or agent should sign a copy of this form following each inspection.)
Sink and garbage disposal
Windows (draperies.
You (the tenant) and the landlord or the landlord’s agent should fill out the “Condition upon Arrival” section of the form within three days of your moving in. the landlord or agent should fill out the “Condition upon depar ture” section. but the law does not require that you be present or that the landlord allow you to be present. range hood (broiler pan.)
Doors. etc.
Address name of tenant(s)
unit number
coNditioN UPoN dePartUre
coNditioN UPoN arriVaL coNditioN UPoN iNitiaL iNSPectioN
note deterioration beyond reasonable use and wear for which tenant is alleged to be responsible. date:
Cupboards
Floor covering
Walls and ceiling
Counter surfaces
K itc H e N
Stove and oven. etc. Cross out any items that do not apply. As soon as possible after you have moved out. dir t. including hardware
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Light fixtures
. Attach additional paper if more space is needed. it’s a good idea for you to be present during the final inspection. and excess wear. look for dust. grease. be specific and check carefully when completing this form. date: note condition. screens. etc. grills. and you should sign following each inspection for which you are present.

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California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities—2009 Edition
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